1-1-108. Substantive changes in text prohibited — Changes ... 2020 Code Bill V1... · Acts of...

1-1-108. Substantive changes in text prohibited — Changes autho-rized — Effect of error in enrollment.

(a) In preparing the manuscript of the revised compilation (including pocketsupplements and replacement volumes) for publication and distribution, thecommission shall not alter the sense, meaning or effect of any act of the generalassembly, but shall copy the exact language of the text of the statutes, codesand session laws of a public and general nature of the state of Tennessee,except that the commission is authorized to rearrange, regroup and renumberthe titles, chapters, sections and parts of sections of the statutes, codes andcode supplements and to change reference numbers to agree with anyrenumbered chapter or section; to change the wording of and prepare newsection headings and symbols; to substitute the proper section or chapterreference where the terms “this act” or “the preceding section” or similarexpressions are used in the statutes; to correct manifest misspelling andtypographical errors and to change capitalization and spelling for the purposeof uniformity; to change references to governmental agencies, departmentsand officers when part or all of the powers, rights and/or duties of suchagencies, departments or officers have, by an act of the general assembly, beentransferred to other agencies, departments or officers; to omit enacting clauses,repealing clauses, severability clauses, conditional clauses, preambles, cap-tions and statements declaring legislative intent; and to make other stylistic,nonsubstantive changes if such changes are consistent with style guidelinesthat have been approved by the commission and submitted to the judiciarycommittee of the senate and the judiciary committee of the house of represen-tatives. Where the application or effect of a statute, by its terms, depends onthe time when the act creating the statute took effect, the commission maysubstitute the actual effective date for the various forms of expression whichmean that date — such as “when this act (or chapter, or section) takes effect,”or “after (or before) the effective date of this act (or chapter, or section).” Nosuch change shall be deemed an alteration of or departure from the enrolledstatute.

(b)(1) When the commission is advised by certificate of the secretary of statethat a bill which is signed by the governor, or passed over the governor’s veto,or otherwise becomes a public act, differs, by reason of an error in theenrolling process or otherwise from such bill as passed on third reading byboth houses of the general assembly, the commission will not compile thepublic act for codification, but will have a compiler’s note inserted in themanuscript of Tennessee Code Annotated, which compiler’s note shall setforth the facts revealed by the certificate received from the secretary of statein reference to such error.

(2) Nothing in this subsection (b) shall affect the powers granted thecommission under subsection (a).

1-2-114. Reenactment of supplemental and replacement volume mate-rial into code.

(a) Reenactment of the Acts of the 2019 Session of the GeneralAssembly.

(1) This compilation of laws together with the supplemental reenactmentsset out in subdivision (b)(1) shall be deemed amendatory.

(2) This compilation shall be deemed a reenactment of the general acts ofa permanent nature enacted at the 2019 regular session of the general

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assembly to the extent codified by the codification act. The sections soreenacted shall be construed as continuations of the previous laws soreenacted, and pending litigation, criminal prosecutions and statutes oflimitations shall not be affected by such reenactments.

(3) Each section of this reenactment bearing the same number as asection appearing in the Tennessee Code as enacted in 1955 or in supple-mental reenactments of the code is deemed to be in substitution for suchsection. Statutory references in any title, chapter, or section of the TennesseeCode shall be deemed to be references to the applicable provisions of law, andany change or rearrangements in numbering, division, or placement of theactual title, chapter, or section referred to shall not affect the validity of suchreferences. Where only a portion of a section appears in this reenactment,such portion is deemed to be either in substitution of the same portionappearing in the Tennessee Code or supplemental reenactment or anaddition to such section. Where section numbers of the Tennessee Code orsupplemental reenactments are followed by “Repealed” or “Superseded”,they are deemed repealed unless limiting or restricting language follows theword “Repealed” or “Superseded”, in which latter event such repeal orsupersession shall be limited or restricted in accordance with such language.Where section numbers of the Tennessee Code or supplemental reenact-ments are followed by “Unconstitutional” or are noted as having been foundunconstitutional, this is reflective of a definitive court decision on theconstitutionality of that section. Clauses, preambles, captions, statements oflegislative intent, severability or reverse-severability clauses omitted fromcodification pursuant to § 1-1-108, remain valid in construing legislativeintent of the codified portions of the act notwithstanding that the omittedportions of the act were not codified.

(4) All public acts of a general and permanent nature passed at the 2019session of the general assembly, to the extent codified in the code, arerepealed except those laws excepted by § 1-2-105 of the Tennessee Code.

(5) The enrolled draft of this reenactment shall, upon approval of thisstatute by the governor, be deposited in the office of the secretary of state,and shall be carefully preserved by that officer as an official reenactment ofsupplemental material to the Tennessee Code.

(6) All provisions of the Tennessee Code as enacted by chapter 6 of thePublic Acts of 1955 and the supplemental reenactments set out in subdivi-sion (b)(1) referring generally to such code, including the provisions ofchapter 3 of this title, shall be likewise applicable to the sections of thisreenactment and to prior supplemental reenactments.

(7) In case of any conflict between the acts of the 2020 session of thegeneral assembly, or any extraordinary session occurring after the 2019session of the general assembly, and this reenactment, the former shall becontrolling regardless of the respective dates of passage or approval.

(8) All references and amendments in the acts of the 2020 session of thegeneral assembly to code sections included in this reenactment shall bedeemed to be references or amendments to provisions of law as stated in thisreenactment.

(b) Reenactment of the Acts of the 1955 Through 2019 Session ofthe General Assembly.

(1)(A) The supplemental material enacted by chapter 1 of the PublicActs of 1959, chapter 1 of the Public Acts of 1961, chapter 1 of the Public

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Acts of 1963, chapter 1 of the Public Acts of 1965, chapter 1 of the PublicActs of 1967, chapter 1 of the Public Acts of 1969, chapter 354 of thePublic Acts of 1970, chapter 1 of the Public Acts of 1971, chapter 441 ofthe Public Acts of 1972, chapter 1 of the Public Acts of 1973, chapter 414of the Public Acts of 1974, chapter 1 of the Public Acts of 1975, chapter382 of the Public Acts of 1976, chapter 1 of the Public Acts of 1977,chapter 496 of the Public Acts of 1978, chapters 1 and 145 of the PublicActs of 1979, chapter 444 of the Public Acts of 1980, chapter 1 of thePublic Acts of 1981, chapter 543 of the Public Acts of 1982, chapter 1 ofthe Public Acts of 1983, chapter 483 of the Public Acts of 1984, chapter2 of the Public Acts of 1985, chapters 523 and 786 of the Public Acts of1986, chapter 4 of the Public Acts of 1987, chapter 458 of the Public Actsof 1988, chapter 5 of the Public Acts of 1989, chapter 668 of the PublicActs of 1990, chapter 28 of the Public Acts of 1991, chapter 528 of thePublic Acts of 1992, chapter 1 of the Public Acts of 1993, chapter 543 ofthe Public Acts of 1994, chapter 1 of the Public Acts of 1995, chapter 554of the Public Acts of 1996, chapter 1 of the Public Acts of 1997, chapter574 of the Public Acts of 1998, chapter 235 of the Public Acts of 1999,chapter 574 of the Public Acts of 2000, chapter 52 of the Public Acts of2001, chapter 491 of the Public Acts of 2002, chapter 1 of the Public Actsof 2003, chapter 437 of the Public Acts of 2004, chapter 1 of the PublicActs of 2005, chapter 507 of the Public Acts of 2006, chapter 1 of thePublic Acts of 2007, chapter 607 of the Public Acts of 2008, chapter 2 ofthe Public Acts of 2009, chapter 624 of the Public Acts of 2010, chapter41 of the Public Acts of 2011, chapter 582 of the Public Acts of 2012,chapter 1 of the Public Acts of 2013, chapter 530 of the Public Acts of2014, chapter 27 of the Public Acts of 2015, chapter 569 of the PublicActs of 2016, chapter 30 of the Public Acts of 2017, chapter 536 of thePublic Acts of 2018 and chapter 1 of the Public Acts of 2019 shall bedeemed amendatory of, supplemental to and become part of the Tennes-see Code enacted as chapter 6 of the Public Acts of 1955.

(B) The supplemental material reenacted by chapters 450 and 802 ofthe Public Acts of 1980, by chapters 5 through 13 of the Public Acts of1981, by chapters 2, 3, 6, and 7 of the Public Acts of 1983, by chapters487 and 488 of the Public Acts of 1984, by chapters 4 through 6 of thePublic Acts of 1985, by chapters 1 through 3 of the Public Acts of 2006,and chapters 1 through 4 of the Public Acts of 2010 shall be deemedamendatory of, supplemental to and become part of the Tennessee Codeenacted as chapter 6 of the Public Acts of 1955.

(C) The material contained in replacement volumes 9A (1983 edition),12A (1983 edition), 6 (1984 edition), 2 (1985 edition), 2A (1985 edition),2B (1985 edition), 11 (1986 edition), 3A (1987 edition), 12A (1987edition), 12B (1987 edition), 8 (1987 edition), 8B (1988 edition), 3 (1988edition), 10 (1988 edition), 10A (1989 edition), 10B (1989 edition), 12(1989 edition), 9 (1990 edition), 10C (1990 edition), 11 (1990 edition), 7A(1990 edition), 6A (1991 edition), 7 (1991 edition), 2A (1991 edition), 9A(1991 edition), 12A (1992 edition), 3A (1992 edition), 2B (1992 edition),8A (1992 edition), 11A (1993 edition), 10 (1993 edition), 3 (1993 edition),8 (1993 edition), 4 (1994 edition), 10A (1994 edition), 2 (1994 edition), 12(1994 edition), 8B (1995 edition), 12B (1995 edition), 6A (1996 edition),8A (1996 edition), 9 (1996 edition), 12A (1996 edition), 7 (1997 edition),

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7A (1997 edition), 10C (1997 edition), 11 (1997 edition), 2A (1998edition), 2B (1998 edition), 10 (1998 edition), 12 (1998 edition), 3A (1999edition), 3B (1999 edition), 9A (1999 edition), 4A (2000 edition), 5 (2000edition), 8 (2000 edition), 10A (2000 edition), 6 (2001 edition), 6A (2001edition), 8A (2001 edition), 8B (2001 edition), 12A (2001 edition), 3 (2002edition), 8C (2002 edition), 9 (2002 edition), 10B (2002 edition), 2 (2003edition), 7 (2003 edition), 7A (2003 edition), 12 (2003 edition), 10 (2004edition), 11 (2004 edition), 11A (2004 edition), 12B (2004 edition), 2A(2005 edition), 2B (2005 edition), 6A (2005 edition) 9A (2005 edition), 7(2006 edition), 7A (2006 edition), 7B (2006 edition), 12 (2006 edition),12A (2006 edition), 1 (2007 edition), 1A (2007 edition), 6 (2007 edition),8 (2007 edition), 8A (2007 edition), 9A (2008 edition), 9B (2008 edition),9C (2008 edition), 10 (2008 edition), 10A (2008 edition), 4 (2009 edition),9 (2009 edition), 10C (2009 edition), 13 (2009 edition), 6A (2010 edition),7 (2010 edition), 7B (2010 edition), 11 (2010 edition), 2A (2011 edition)2B (2011 edition), 3 (2011 edition), 3B (2011 edition), 12 (2011 edition),12A (2011 edition), 3A (2012 edition), 5 (2012 edition), 7A (2012 edition),8D (2012 edition), 9C (2012 edition), 12B (2012 edition), 8C (2013edition), 9 (2013 edition), 10B (2013 edition), 11B (2013 edition), 11C(2013 edition), 12 (2013 edition) 12A (2013 edition), 2 (2014 edition), 6A(2014 edition), 6B (2014 edition), 7 (2014 edition), 7B (2014 edition), 9A(2014 edition), 2A (2015 edition), 2B (2015 edition), 2C (2015 edition), 6(2015 edition), 11A (2015 edition), 3 (2016 edition), 9 (2016 edition), 9A(2016 edition), 10 (2016 edition), 10A (2016 edition), 1A (2017 edition),4A (2017 edition), 6A (2017 edition), 9D (2017 edition), 11 (2017 edition),7 (2018 edition), 7A (2018 edition), 7B (2018 edition), 10B (2018 edition),11C (2018 edition), 3B (2019 edition), 7C (2019 edition), 8D (2019edition), 10C (2019 edition) and 12B (2019 edition) shall be deemedamendatory of, supplemental to and become part of the Tennessee Codeenacted as chapter 6 of the Public Acts of 1955, as though such materialwere specifically reenacted in its entirety.(2) The supplemental reenactments set out in subdivision (b)(1) shall be

deemed reenactments of the general acts of a permanent nature enacted atthe sessions of the general assembly held in the years 1955 through 2019which were codified therein. The sections so reenacted shall be construedas continuations of the previous laws so reenacted, and pending litigation,criminal prosecutions and statutes of limitations shall not be affected bysuch reenactments.

(3) Each section of the supplemental reenactments bearing the samenumber as a section appearing in the Tennessee Code as enacted in 1955or in prior supplemental reenactments of the code is deemed to be insubstitution for such section. Where only a portion of a section appears,such portion is deemed to be either in substitution of the same portionappearing in the Tennessee Code or prior supplemental reenactments oran addition to such section. Where section numbers of the Tennessee Codeor supplemental reenactments are followed by “Repealed” or “Super-seded”, they are deemed repealed unless limiting or restricting languagefollows the word “Repealed” or “Superseded”, in which latter event suchrepeal or supersession shall be limited or restricted in accordance withsuch language. Where section numbers of the Tennessee Code or supple-mental reenactments are followed by “Unconstitutional” or are noted as

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having been found unconstitutional, this is reflective of a definitive courtdecision on the constitutionality of that section. Clauses, preambles,captions, statements of legislative intent, severability or reverse-sever-ability clauses omitted from codification pursuant to § 1-1-108, remainvalid in construing legislative intent of the codified portions of the actnotwithstanding that the omitted portions of the act were not codified.

(4) All public acts of a general and permanent nature, to the extentcodified in this act and the supplemental reenactments set out in subdi-vision (b)(1), which were passed prior to the 2019 session of the generalassembly and after the 1953 session are repealed, except chapters 6 and121 of the Public Acts of 1955, all of the supplemental reenactments setout in subdivision (b)(1), and those laws excepted by § 1-2-105 of theTennessee Code.

(5) The enrolled draft of each supplemental reenactment shall, uponapproval of the statute by the governor, be deposited in the office of thesecretary of state, and shall be carefully preserved by that officer as anofficial enactment of supplemental material to the Tennessee Code.

(6) Title 47 of the Tennessee Code as enacted by chapter 6 of the PublicActs of 1955, as amended and supplemented by chapter 1 of the PublicActs of 1961 and chapter 1 of the Public Acts of 1963, is repealed in itsentirety except as provided in § 47-1-110 [repealed]; provided, that thesections appearing in title 47, chapters 11-15 in the reenactment bychapter 1 of the Public Acts of 1965 shall be construed as continuations ofthe similar sections appearing in the former title 47, and pendinglitigation, criminal prosecutions and statutes of limitation shall not beaffected by such repeal and reenactment.

(7) In case any act or portion of an act codified and reenacted asprovided in subdivision (b)(1) is thereafter deleted from this code forreasons other than repeal, supersession, or unconstitutionality, the origi-nal act or portion of an act so removed from the code shall be revived andcontinued in the same force and effect it had as a separate act prior tocodification, notwithstanding any action occurring under the provisions ofsubsection (a).

(8) Legislative intent or effect which is dependent on the proposedplacement of an act in the Tennessee Code shall not be affected by theactual codification of such material, and the general repealer contained insubdivision (a)(4) shall not affect such presumed intent.

1-3-122. References to committees of general assembly that no longerexist.

References in this code to committees of the general assembly that no longerexist due to rule change of either the senate or house of representatives aredeemed to be references to the committee that has jurisdiction of the subjectmatter pursuant to the rules of the appropriate chamber.

2-2-142. Requirements for person or organization who conductssupplemental voter registration drive.

(a) A person or organization who has not been designated by the countyelection commission under § 2-2-111 and who conducts a supplemental voterregistration drive in which the person or organization attempts to collect voterregistration applications of one hundred (100) or more people must comply

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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 registrationdrive or the names, addresses, and contact phone numbers of the officersof the organization conducting the voter registration drive;

(B) Provide the names of the county or counties in which the voterregistration drives will be held;

(C) Complete training, which is administered by the coordinator ofelections, on the laws and procedures governing the voter registrationprocess;

(D) File a sworn statement stating that the person or organization shallobey all state laws and procedures regarding the registration of voters;and

(E) Ensure that individuals, whether volunteer or paid, who conductvoter registration drives for an organization have completed the trainingadministered 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 registrationdrive; provided, that if the date of the voter registration drive is within ten(10) days of the voter registration deadline, the completed forms must bedelivered 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 voterinformation and data collected on the voter registration application, unless theapplicant consents. However, the social security number provided on the voterregistration application is confidential and must not be retained by any personother than election officials in their official capacity.

(c) No person or organization shall employ or compensate any person, norshall any person receive any wages or compensation for registering votersbased on the number of voters registered. Nothing in this section prohibits aperson from being paid on an hourly or salaried basis to register voters.

(d) No person or organization shall establish quotas or a minimum numberof completed voter registration forms to be collected by individuals conductinga voter registration drive.

(e) The coordinator of elections may adopt policies or procedures to effectu-ate the provisions of this section, including, but not limited to, a form on whichthe required information may be provided and certified by interested parties.The form adopted by the coordinator of elections may be provided electroni-cally. The coordinator of elections shall, at a minimum, offer the training onlineand shall not charge a fee for the training.

(f) Any person who intentionally or knowingly violates any provision of thissection commits a Class A misdemeanor and each violation constitutes aseparate offense.

(g) This section does not apply to individuals who are not paid to collectvoter registration applications or to organizations that are not paid to collectvoter registration applications and that use only unpaid volunteers to collectvoter registration applications.

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2-2-143. Civil penalty for submission of incomplete voter registrationapplications.

(a) If any person or organization conducts voter registration drives under§ 2-2-142 and, within a calendar year, files one hundred (100) or moreincomplete voter registration applications with one (1) or more county electioncommissions, the person or organization is subject to a civil penalty under theprocedures of this section.

(b) For purposes of this section, “incomplete voter registration application”means any application that lacks the applicant’s name, residential address,date of birth, declaration of eligibility, or signature. A person or organizationwho collects an application that only contains a name or initial is not requiredto file the application with the election commission.

(c)(1) The state election commission may impose a civil penalty for aviolation of this section as provided in this subsection (c).

(2) The county election commission shall file notice with the state electioncommission, along with a copy of each voter registration application deemedto be incomplete and identifying information about the person or organiza-tion that filed the incomplete applications.

(3) The state election commission shall review each voter registrationapplication presented by the county election commission and shall make afinding on the number of incomplete forms filed. Based on the finding, thestate election commission may impose civil penalties for Class 1 and Class 2offenses. The state election commission may combine the number of incom-plete forms filed by a person or organization in multiple counties whendetermining the total number of incomplete forms filed.

(4) As used in this section:(A) “Class 1 offense” means the filing of one hundred (100) to five

hundred (500) incomplete voter registration applications. A Class 1 offenseis punishable by a civil penalty of one hundred fifty dollars ($150), up to amaximum of two thousand dollars ($2,000), in each county where theviolation occurred; and

(B) “Class 2 offense” means the filing of more than five hundred (500)incomplete voter registration applications. A Class 2 offense is punishableby a civil penalty of not more than ten thousand dollars ($10,000) in eachcounty where the violation occurred.(5) For any offense, the state election commission shall send, by return

mail, receipt requested, an assessment letter to the person or organization ina form sufficient to advise the person or organization of the factual basis ofthe violation, the maximum penalty and the date a response to the lettermust be filed. Failure to timely claim an assessment letter sent by returnmail, receipt requested, constitutes acceptance of the assessment letter.

(6) To request a waiver, reduction, or to in any way contest a penaltyimposed by the state election commission, a person or organization shall filea petition with the state election commission. Such petition may be consid-ered as a contested case proceeding under the Uniform AdministrativeProcedures Act, compiled in title 4, chapter 5.(d) Penalties imposed under this section by the state election commission

must be deposited into the general fund of the county or counties in which theviolation occurred. When there are multiple counties involved, the penaltymoney must be divided pro rata based on the number of incomplete registra-

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tion applications submitted in each county.(e) This section does not apply to individuals who are not paid to collect

voter registration applications or to organizations that are not paid to collectvoter registration applications and that use only unpaid volunteers to collectvoter registration applications.

(f) The state election commission may promulgate rules and procedures toimplement this section.

2-3-302. Establishment of convenient voting centers.

(a) After the required approval of the project plan for the convenient votingcenters, the county election commission may create a program that establishesconvenient voting centers within the county pursuant to § 2-3-303 for localelections conducted in 2019, and for federal, state, and local elections held in2020.

(b) If convenient voting centers are used in the election, the county electioncommission shall not be limited by the provisions set forth in § 2-3-101(a);provided, that no polling location may be changed within ten (10) days of anelection except in an emergency.

(c) Each convenient voting center used in the pilot project shall have asecure electronic connection, certified by the coordinator of elections, to thecomputerized voter registration system maintained by the county electioncommission permitting all voting information processed by any computer at aconvenient voting center to be immediately accessible to all other computers atall convenient voting centers in the county. The secure electronic connectionshall be sufficient to prevent any voter from voting more than once and toprevent unauthorized access to the computerized voter registration system.

(d) Each convenient voting center shall meet applicable federal and statelaws, including the accessibility requirements of the Help America Vote Act (42U.S.C. § 15301).

(e) Chapter 7 of this title applies to all convenient voting centers.(f) This part applies only in counties having a population of not less than

forty-four thousand five hundred (44,500) nor more than forty-four thousandsix hundred (44,600), in counties having a population of not less than onehundred thirteen thousand nine hundred (113,900) nor more than one hundredfourteen thousand (114,000), and in counties having a population of not lessthan one hundred eighty-three thousand one hundred (183,100) nor more thanone hundred eighty-three thousand two hundred (183,200), according to the2010 federal census or any subsequent federal census.

(g) Prior to closing a polling location due to the opening or availability of aconvenient voting center, the county election commission shall announce athirty-day period in which the commission shall receive public comment fromregistered voters regarding the closing of the polling location.

(h) If a polling location is closed due to the opening of a convenient votingcenter, the county election commission shall endeavor to ensure that conve-nient voting centers are located in locations convenient to voters who had beenassigned to the closed polling location.

(i) If a polling location is closed due to the opening of a convenient votingcenter, the county election commission shall post signage on election day, andduring the early voting period if that polling location was used as an earlyvoting center, in a conspicuous manner on or near the entrances to the closed

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polling location that states that the polling location is closed and that providesthe address of each convenient voting center. The posting requirement must bemet until after the next November statewide general election following theclosure.

2-3-308. Establishment of convenient voting centers in county thatconducted a pilot project.

(a) Any county in 2018 that conducted a pilot project under § 2-3-301establishing convenient voting centers in the county and for which thecoordinator of elections filed a favorable report under § 2-3-307 may create aprogram that establishes convenient voting centers in the county for federal,state, and local elections under the following conditions:

(1) For every ten thousand (10,000) registered voters, the county electioncommission shall locate at least one (1) convenient voting center; provided,that each county election commission shall locate at least two (2) convenientvoting centers within a county. In determining the locations of the conve-nient voting centers, the county election commission shall consider thedensity of the county population, the geographic dividers, and all other factsand circumstances that exist within the county;

(2) Convenient voting centers shall be open for voting for a minimum often (10) continuous hours but no more than thirteen (13) hours. Allconvenient voting centers in the eastern time zone shall close at eight o’clockp.m. (8:00 p.m.), prevailing time, and convenient voting centers in thecentral time zone shall close at seven o’clock p.m. (7:00 p.m.) prevailing time;

(3) At least fifteen (15) days before the date of each election, the countyelection commission shall determine a uniform time for the opening of allconvenient voting centers;

(4) Each convenient voting center used in the program shall have a secureelectronic connection, certified by the coordinator of elections, to the com-puterized voter registration system maintained by the county electioncommission permitting all voting information processed by any computer ata convenient voting center to be immediately accessible to all other comput-ers at all convenient voting centers in the county. The secure electronicconnection must be sufficient to prevent any voter from voting more thanonce and to prevent unauthorized access to the computerized voter registra-tion system;

(5) Each convenient voting center shall meet applicable federal and statelaws, including the accessibility requirements of the Help America Vote Act(42 U.S.C. § 15301);

(6) Section 2-3-107 and chapter 7 of this title apply to all convenientvoting centers;

(7) If convenient voting centers are used in the election, the countyelection commission is not limited by the provisions of § 2-3-101(a); pro-vided, that no polling location may be changed within ten (10) days of anelection, except in an emergency;(b) Any county meeting the requirements of subsection (a) must mail notices

to active registered voters only if the election commission designates conve-nient voting centers that differ from those used in the previous election cycle.

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2-5-204. Placing of names on ballots — Withdrawal or disqualificationof candidate — Death of candidate.

(a) Each qualified candidate’s name shall be placed on the ballot as itappears on the candidate’s nominating petitions unless the candidate diesbefore the ballots are printed, or unless the candidate requests in writing thatthe candidate’s name not appear on the ballot and files the request with eachof the officers with whom the candidate filed nominating petitions or to whomthe candidate’s nomination was certified as a political party nominee, or unlessthe executive committee with which a primary candidate filed the originalpetition determines that the candidate is not qualified under § 2-13-104.

(b)(1) A candidate’s request to withdraw shall be filed no later than twelveo’clock (12:00) noon prevailing time on the seventh day after the qualifyingdeadline for the election. A candidate who qualifies pursuant to § 2-5-101(g)(1) or who is nominated pursuant to § 2-13-204(c) must file anyrequest to withdraw no later than twelve o’clock (12:00) noon prevailing timeon the third day after the qualifying deadline.

(2)(A) An executive committee that determines that a candidate is notqualified under § 2-13-104 shall file the committee’s determination withthe coordinator of elections no later than twelve o’clock (12:00) noonprevailing time on the seventh day after the qualifying deadline for theelection. The coordinator of elections shall notify each county electioncommission on whose ballots the candidate’s name would otherwiseappear prior to the election commission printing the ballot.

(B) If an executive committee submits a candidate’s name to be ex-cluded from the ballot pursuant to subdivision (b)(2)(A), the executivecommittee shall provide the candidate written notice of the exclusionwithin two (2) days after submission. The executive committee shall mailthe notice by certified mail, return receipt requested, or any form ofexpedited mail that requires a signature at receipt, to the residentialaddress or the business address of the candidate as listed on the candi-date’s nominating petition. The executive committee shall retain thereturn receipts, or other documentation of timely notification, for a periodof not less than one (1) year from the date the notification was sent. Thecandidate may appeal the determination in writing and must file theoriginal appeal with the executive committee and a copy of the appeal withthe coordinator of elections within two (2) days of receipt of the notice fromthe executive committee. Unless the coordinator of elections receives aletter from the executive committee withdrawing the committee’s deter-mination of the candidate’s disqualification no later than the close ofbusiness seven (7) days after the original withdrawal deadline, thecandidate’s name must be excluded from the ballot. The executive com-mittee may file the withdrawal letter with the coordinator of elections byfax, email, hand delivery, or through a priority mail process.

(C) The appeal process described in subdivision (b)(2)(B) does not applyto a special primary or special general election to fill the vacancy formembers of the general assembly or the office of representatives incongress.

(c) If no less than four (4) members of the county election commission votein the affirmative that a candidate’s name on the ballot would be confusing ormisleading, the county election commission may require further identifying

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information or may omit any confusing or misleading portion of the name. Inan election where the candidate’s name will appear on the ballot in more thanone (1) county, this authority shall rest with the state election commission.

(d) No titles may be printed with the candidate’s name.(e) If a candidate dies within forty (40) days before the election, the

decedent’s name shall remain on the ballot. If the deceased candidate receivesthe necessary votes to otherwise be elected, then a vacancy shall exist. Thevacancy shall be filled as otherwise provided for by law.

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

(a) Persons voting early are entitled to the same assistance in voting theywould be entitled to if they appeared to vote on election day. The proceduresunder § 2-7-116 govern how assistance should be given.

(b) Notwithstanding subsection (a), a person convicted of voter fraud in anystate shall not assist a person in voting under this section.

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

(a) If an applicant or voter is so disabled that the applicant or voter cannotwrite a signature or make a mark where required, the action of the person whooffers assistance shall be witnessed by one (1) additional person. Both theperson giving assistance and the witness shall sign their names and providetheir addresses.

(b) Notwithstanding subsection (a), a person convicted of voter fraud in anystate shall not assist a person in voting under this section.

2-6-207. Assistance by person convicted of voter fraud prohibited.

Notwithstanding any law to the contrary, a person convicted of voter fraudin any state shall not assist a person in voting by absentee ballot.

2-7-104. Poll watchers.

(a) Each political party and any organization of citizens interested in aquestion on the ballot or interested in preserving the purity of elections and inguarding against abuse of the elective franchise may appoint poll watchers.The county election commission may require organizations to produce evidencethat they are entitled to appoint watchers. Each candidate in primary electionsand each independent candidate in general elections may appoint one (1) ormore poll watchers for each polling place; provided, however, at any given time,each such candidate shall have not more than one (1) such poll watcher on dutyat each polling place. All appointments of watchers shall be in writing andsigned by the persons or organizations authorized to make the appointment.All poll watchers’ names shall be submitted to the county election commissionno later than twelve o’clock (12:00) noon of the second working day before theelection. All appointed poll watchers must have reached seventeen (17) yearsof age by election day and be residents of this state. A spouse of a candidate onthe ballot shall not be eligible for appointment as a poll watcher.

(b) Each political party which has candidates in the election and eachcitizens’ organization may have two (2) watchers at each polling place. One (1)

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of the watchers representing a party may be appointed by the chair of thecounty executive committee of the party and the other by a majority of thecandidates of that party running exclusively within the county in which thewatchers are appointed. If the candidates of a party fail to appoint thewatchers by twelve o’clock (12:00) noon on the third day before the election, thechair of the county executive committee of the party may appoint bothwatchers representing the chair’s party. In addition, each candidate in ageneral election may appoint one (1) or more poll watchers for each pollingplace; provided, however, at any given time, each such candidate shall have notmore than one (1) such poll watcher on duty at each polling place.

(c) Upon arrival at the polling place, a watcher shall display such watcher’sappointment to the officer of elections and sign the register of watchers. Pollwatchers may be present during all proceedings at the polling place governedby this chapter. They may watch and inspect the performance in and aroundthe polling place of all duties under this title. A watcher may, through thejudges, challenge any person who offers to vote in the election. A watcher mayalso inspect all ballots while being called and counted and all tally sheets andpoll lists during preparation and certification. A poll watcher who wishes toprotest any aspect of the conduct of the election shall present such protest tothe officer of elections or to the county election commission or to an inspector.The officer of elections or county election commission shall rule promptly uponthe presentation of any protest and take any necessary corrective action.

(d) No watcher may interfere with any voter in the preparation or casting ofsuch voter’s ballot or prevent the election officials’ performance of their duties.No watcher may observe the giving of assistance in voting to a voter who isentitled to assistance. Watchers shall wear poll watcher badges with theirnames and their organization’s name but no campaign material advocatingvoting for candidates or positions on questions.

(e) Poll watchers observing the duties of the absentee counting board shallnot leave the room, or place of counting, after the actual counting of the ballotshas begun. Poll watchers observing the duties of the absentee counting boardare prohibited from possessing any electronic device, including a cellulartelephone or pager, capable of transmitting election results to a locationoutside the room where the ballots are being tabulated.

2-7-111. Posting of sample ballots and instructions — Arrangement ofpolling place — Restrictions.

(a) The officer of elections shall have the sample ballots, voting instructions,and other materials, which are to be posted, placed in conspicuous positionsinside the polling place for the use of voters. The county election commissionshall designate entrances to the building in which the election is to be held thatare for the use of voters. The officer shall measure off one hundred feet (1008)from the designated entrances and place boundary signs at that distance.

(b)(1) Within the appropriate boundary as established in subsection (a), andthe building in which the polling place is located, the display of campaignposters, signs or other campaign materials, distribution of campaign mate-rials, and solicitation of votes for or against any person, political party, orposition on a question are prohibited. No campaign posters, signs or othercampaign literature may be displayed on or in any building in which apolling place is located.

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(2) Except in a county with a population of not less than eight hundredtwenty-five thousand (825,000) nor more than eight hundred thirty thou-sand (830,000) according to the 1990 federal census or any subsequentfederal census, a solicitation or collection for any cause is prohibited. Thisdoes not include the normal activities that may occur at such polling placesuch as a church, school, grocery, etc.

(3) Nothing in this section shall be construed to prohibit any person fromwearing a button, cap, hat, pin, shirt, or other article of clothing outside theestablished boundary but on the property where the polling place is located.(c) The officer of elections shall have each official wear a badge with that

official’s name and official title.(d) With the exception of counties having a metropolitan form of govern-

ment, any county having a population over six hundred thousand (600,000)according to the 1970 federal census or any subsequent federal census, andcounties having a population of between two hundred fifty thousand (250,000)and two hundred sixty thousand (260,000) by the 1970 census, any county may,by private act, extend the one hundred foot (1008) boundary provided in thissection.

2-7-116. Assistance to disabled, illiterate or blind voters — Certifiedrecord — Assistance by person convicted of voter fraudprohibited.

(a)(1) A voter who claims, by reason of illiteracy or physical disability otherthan blindness, to be unable to mark the ballot to vote as the voter wishesand who, in the judgment of the officer of elections, is so disabled or illiterate,may:

(A) Where voting machines are used, have the ballot marked on avoting machine or on a paper ballot subject to the provisions of § 2-7-117by any person of the voter’s selection, or by one of the judges of the voter’schoice in the presence of either a judge of a different political party or, ifsuch judge is not available, an election official of a different political party;or

(B) Where voting machines are not used, have the ballot marked by anyperson of the voter’s selection or by one of the judges of the voter’s choicein the presence of either a judge of a different political party or, if suchjudge is not available, an election official of a different political party.(2) The officer of elections shall keep a record of each such declaration,

including the name of the voter and of the person marking the ballot and, ifmarked by a judge, the name of the judge or other official in whose presencethe ballot was marked. The record shall be certified and kept with the pollbooks on forms to be provided by the coordinator of elections.(b)(1) A voter who claims, by reason of blindness, to be unable to mark theballot to vote as the voter wishes and who, in the judgment of the officer ofelections, is blind, may:

(A) Where voting machines are used, have the ballot marked on avoting machine or on a paper ballot subject to the provisions of § 2-7-117by any person of the voter’s selection or by one of the judges of the voter’schoice in the presence of either a judge of a different political party or, ifsuch judge is not available, an election official of a different political party;or

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(B) Where voting machines are not used, have the ballot marked by anyperson of the voter’s selection or by one of the judges of the voter’s choicein the presence of either a judge of a different political party or, if suchjudge is not available, an election official of a different political party.(2) The officer of elections shall keep a record of each such declaration,

including the name of the voter and of the person marking the ballot and, ifmarked by a judge, the name of the judge or other official in whose presencethe ballot was marked. The record shall be certified and kept with the pollbooks on forms to be provided by the coordinator of elections.(c)(1) A voter, who is physically disabled or who is visibly pregnant or frail,may request the officer of elections at the polling place for permission to bemoved to the front of any line. In accordance with policies and procedurespromulgated by the state coordinator of elections and at the discretion of theofficer of elections, the requesting voter may be moved to the front of any lineat the polling place.

(2) A temporary sign, restating the language of subdivision (c)(1), shall beprominently and strategically posted at the polling place whenever voting isunderway at the polling place.(d) Notwithstanding this section or any other law to the contrary, a person

convicted of voter fraud in any state shall not assist a person in casting a vote.

2-7-133. Ballots which may be counted.

(a) Only ballots provided in accordance with this title may be counted. Thejudges shall write “Void” on others and sign them.

(b) If the voter marks more names than there are persons to be elected to anoffice, or if for any reason it is impossible to determine the voter’s choice for anyoffice to be filled or on a question, the voter’s ballot shall not be counted for suchoffice and shall be marked “Uncounted” beside the office and be signed by thejudges. It shall be counted so far as it is properly marked or so far as it ispossible to determine the voter’s choice.

(c) If two (2) ballots are rolled up together or are folded together, they shallnot be counted. The judges shall write on them “Void” and the reason and signthem.

(d) Any ballot marked by the voter for identification shall not be counted.The judges shall write on it “Void” and the reason and sign it.

(e) Ballots which are not counted shall be kept together and shall bebundled separately from the ballots which are counted.

(f) [Deleted by 2019 amendment.](g) Notwithstanding any other provision of law to the contrary, if a voter

marks a paper or optical scan ballot with a cross, “x”, checkmark or any otherappropriate mark within the square, circle or oval to the right of thecandidate’s name, or any place within the space in which the name appears,indicating an intent to vote for that candidate, it is a vote for the candidatewhose name it is opposite. Underlining or circling the candidate’s name wouldalso constitute a vote. Any apparent erasure of a mark next to the name of acandidate may not be counted as a vote for that candidate if the voter makesanother mark next to the name of one (1) or more different candidates for thesame office and counting of the mark would result in an excess number of votescast for the office.

(h) If a voter casts more than one (1) vote for the same candidate for the

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same office, the first vote is valid and the remaining votes are invalid.(i)(1) Any person attempting to be elected by write-in ballots shall completea notice requesting such person’s ballots be counted in each county of thedistrict no later than twelve o’clock (12:00) noon, prevailing time, fifty (50)days before the general election. Such person shall only have votes countedin counties where such notice was completed and timely filed. The noticeshall be on a form prescribed by the coordinator of elections and shall notrequire signatures of any person other than the write-in candidate request-ing ballots be counted. The coordinator of elections shall distribute such formto the county election commissions. Upon timely receiving the noticerequired by this subsection (i), the county election commission shallpromptly inform the state coordinator of elections, the registry of electionfinance, as well as all other candidates participating in the affected election.A write-in candidate may withdraw the notice by filing a letter of withdrawalin the same manner as the original notice was filed no later than the fifth daybefore the election.

(2) A candidate defeated in a primary election shall not complete a noticerequesting write-in ballots to be counted in the general election undersubdivision (i)(1), and any write-in votes cast for the candidate in the generalelection must not be counted.

2-9-118. Prohibited acts by voting systems vendor or vendor’s agent —Prohibited solicitation or acceptance by election officials.

(a) An agent of a voting systems vendor or any person acting on behalf of avoting systems vendor shall not offer or attempt to offer anything of value to astate election commission member; county election commission member; thesecretary of state; the coordinator of elections; the administrator of elections;an employee of the state election commission, the county election commission,or the secretary of state; or an immediate family member of such persons.

(b) An agent of a voting systems vendor shall not knowingly make or causeto be made any false statement or misrepresentation of the facts concerningany matter for which the voting systems vendor is responsible to a stateelection commission member; county election commission member; the secre-tary of state; the coordinator of elections; the administrator of elections; or anemployee of the state election commission, the county election commission, orthe secretary of state.

(c) A state election commission member; county election commission mem-ber; secretary of state; coordinator of elections; administrator of elections;employee of the state election commission, the county election commission, orthe secretary of state; or an immediate family member of such persons, shallnot solicit or accept anything of value in violation of subsection (a).

(d) A voting systems vendor shall not make a loan of money to a stateelection commission member; a county election commission member; thesecretary of state; the coordinator of elections; the administrator of elections;an employee of the state election commission, the county election commission,or the secretary of state; or an immediate family member of such persons, or toany other person on such person’s behalf.

(e) A state election commission member; county election commission mem-ber; the secretary of state; the coordinator of elections; the administrator ofelections; an employee of the state election commission, the county electioncommission, or the secretary of state; or an immediate family member of such

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persons, shall not solicit or accept a loan in violation of subsection (d).(f) An agent of a voting systems vendor or any person acting on behalf of a

voting systems vendor shall not permit a state election commission member; acounty election commission member; the secretary of state; the coordinator ofelections; the administrator of elections; an employee of the state electioncommission, the county election commission, or the secretary of state; or animmediate family member of such persons, to use the credit or a credit card ofthe voting systems vendor.

(g) An agent of a voting systems vendor or any person acting on behalf of avoting systems vendor shall not pay the lodging expenses of a state electioncommission member; a county election commission member; the secretary ofstate; the coordinator of elections; the administrator of elections; an employeeof the state election commission, the county election commission, or thesecretary of state; or an immediate family member of such persons.

(h) A state election commission member; county election commission mem-ber; the secretary of state; coordinator of elections; administrator of elections;employee of the state election commission, the county election commission, orthe secretary of state; or an immediate family member of such persons, shallnot accept travel expenses, meals, or lodging paid by a voting systems vendoror agent of the voting systems vendor.

(i) An agent of a voting systems vendor or any person acting on behalf of avoting systems vendor shall not provide a gift, directly or indirectly, to a stateelection commission member; a county election commission member; thesecretary of state; the coordinator of elections; the administrator of elections;an employee of the state election commission, county election commission, orthe secretary of state; or an immediate family member of such persons, unlessthe gift is a novelty, such as a pin, button, pen, or similar small item or tokenroutinely given to customers, suppliers, or potential customers or suppliers inthe ordinary course of business.

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

No later than January 31 of each year, each multicandidate politicalcampaign committee registered with the registry of election finance shall paya registration fee to be determined by rule promulgated pursuant to § 4-55-103(1). Payment of the registration fee by one (1) affiliated political campaigncommittee 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 registeringseparately. For any multicandidate political campaign committee registering anew committee during any year, the committee shall pay the appropriateregistration fee at the time that it certifies its political treasurer. All feescollected under this section shall be retained and used for expenses related tomaintaining an electronic filing system.

2-10-203. Registry of election finance — Creation — Appointments —Qualifications — Administration.

(a)(1) There is created as a division of the bureau of ethics and campaignfinance, as provided in title 4, chapter 55, a Tennessee registry of electionfinance. The registry shall be composed of six (6) members appointed asprovided in this section.

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(2) Appointments shall be made to reflect the broadest possible represen-tation of Tennessee citizens. Of the six (6) members appointed, at least one(1) shall be a female and one (1) shall be black. However, a black female shallnot satisfy the requirement of one (1) female and one (1) black. Each membershall have been a legal resident of this state for five (5) years immediatelypreceding selection. Members shall be at least thirty (30) years of age,registered voters in Tennessee, not announced candidates for public office,not members of a political party’s state executive committee, shall not havebeen convicted of an election offense, and shall be persons of high ethicalstandards who have an active interest in promoting fair elections. Guber-natorial appointees shall be subject to confirmation by joint resolution of thegeneral assembly. Such appointees shall have full power to serve until anyvote of nonconfirmation.(b) The members of the registry of election finance shall also serve as

members of the board of directors of the bureau of ethics and campaign finance.(c) Members of the registry shall be selected for staggered five-year terms as

follows:(1) The governor shall appoint two (2) members. One (1) member shall be

appointed from a list of three (3) nominees submitted by the state executivecommittee of the majority party. One (1) member shall be appointed from alist of three (3) nominees submitted by the state executive committee of theminority party. The governor’s solicitations and the replies shall be publicrecords. The governor shall give due consideration to such nominations. Thegovernor may request a second list of nominees; provided, however, nonominees from the original list of nominees may appear on the second list ofnominees.

(2) The senate shall appoint two (2) members, with one (1) member to bechosen by the members of the senate democratic caucus and one (1) memberto be chosen by the members of the senate republican caucus; and

(3) The house of representatives shall appoint two (2) members, with one(1) member to be chosen by the members of the house of representativesdemocratic caucus and one (1) member to be chosen by the members of thehouse of representatives republican caucus.(d) Vacancies shall be filled in the same manner as the vacating member’s

office was originally filled.(e) The registry shall elect a chair from among its appointed membership.

The chair shall serve in that capacity for one (1) year and shall be eligible forreelection. The chair shall preside at all meetings and shall have all the powersand privileges of the other members.

(f) The registry shall fix the place and time of its regular meetings by orderduly recorded in its minutes. No action shall be taken without a quorumpresent. Special meetings shall be called by the chair on the chair’s initiativeor on the written request of four (4) members. Members shall receive seven (7)days’ written notice of a special meeting, and the notice shall specify thepurpose, time and place of the meeting, and no other matters may beconsidered, without a specific waiver by all the members.

(g) The members of the registry shall receive no compensation; provided,that each member of the registry shall be eligible for reimbursement forexpenses and mileage in accordance with the regulations promulgated by thecommissioner of finance and administration and approved by the attorneygeneral and reporter.

(h) No member of the registry or such member’s immediate family, as

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defined in § 3-6-301, shall, during registry membership:(1) Be allowed to hold or qualify for elective office to any state or local

public office, as defined in § 2-10-102;(2) Be an employee of the state or any political subdivision of the state;(3) Be an officer of any political party or political committee;(4) Permit such person’s name to be used or make campaign contributions

in support of or in opposition to any candidate or proposition, except that amember’s immediate family may make campaign contributions in support ofor in opposition to any candidate or proposition;

(5) Participate in any way in any election campaign;(6) Lobby or employ a lobbyist; or(7) Be employed by any elected officeholder, either in an official capacity or

as an individual, or be employed by any business in which an electedofficeholder has any direct input concerning employment decisions.(i) An incumbent member of the registry may seek votes for confirmation of

the member’s appointment to the registry; provided, that the member shallcomply with the provisions of subsection (h).

(j) [Deleted by 2019 amendment.](k)(1) Every member of the registry of election finance shall, before theyproceed to business, take an oath or affirmation to support the constitutionof this state and of the United States and the laws of this state and also thefollowing oath:“I ________________ do solemnly swear (or affirm) that as a member of this

registry of election finance, I will, in all matters, vote without favor, affection,partiality, or prejudice; and that I will not propose or assent to any action,measure, or resolution which shall appear to me to be contrary to law.”

(2) Unless otherwise provided by law, any member of the registry whoviolates the oath of office for that position or participates in any of theactivities prohibited by this chapter commits a Class A misdemeanor. If asworn allegation is made that a member has violated the oath of office for themember’s position or has participated in any of the activities prohibited bythis chapter, then upon a unanimous vote of the remaining members, themember against whom the sworn allegation is made may be suspended fromthe registry for such purposes and for such times as the remaining membersshall unanimously determine, but no suspension shall extend beyond finaldisposition of the sworn allegation. The accused member shall not partici-pate in the suspension vote. If a member of the registry is found guilty of orpleads guilty or nolo contendere to a violation of the oath of office for themember’s position or participates in any of the activities prohibited by thischapter, then that member shall be deemed to be removed from office.

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

The general assembly, by joint resolution, may remove a member of the stateelection commission for cause and may remove a member who becomesunqualified.

2-12-101. Commissioners — Appointment — Removal — Legal repre-sentation.

(a) The state election commission shall appoint, on the first Monday in Aprilof each odd-numbered year, five (5) election commissioners for each county, forterms of two (2) years and until their successors are appointed and qualified.

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The five (5) commissioners shall be the county election commission.(b) The state election commission shall remove a commissioner who be-

comes unqualified and may remove or otherwise discipline a commissioner forcause.

(c) County election commissions shall be represented in legal proceedings asfollows:

(1) If the legal proceeding names the county election commissioners asdefendants and the lawsuit involves a municipal election, the municipalityconcerned shall furnish counsel to represent the commissioners;

(2) If the election involved in the legal proceedings is that of a countyelection, the county shall furnish counsel for the commissioners and if theelection involved in the legal proceedings attacks a state law or presents aquestion concerning a state or federal election, the attorney general andreporter shall represent the commissioners either by the attorney generaland reporter’s own staff or by such counsel as the attorney general andreporter may designate;

(3) The counsel furnished, whether by municipality or county, shall bethat chosen by the election commission unless the commission carries aninsurance policy providing coverage of claims asserted in a lawsuit, in whichcase the provisions of the insurance policy control with respect to represen-tation of the commission; and

(4) If, in order to properly discharge its duties, the county electioncommission has to bring legal action against a county or municipality, thecompensation for the commission’s legal representation shall be borne by thecounty or municipality, as the case may be.(d) The county election commission created by this section is the immediate

successor to the commissioners of elections for each county. Wherever in theTennessee Code the commissioners of elections for counties are referred to, theterm “county election commission” shall be substituted.

2-12-109. Expenses.

(a)(1) Except as otherwise provided by law, it is the responsibility of thecounty to fund the operations of its election commission. If a county fails toappropriate funds sufficient to pay expenses that are reasonably necessaryfor the discharge of the statutorily mandated duties of its county electioncommission, such commission may petition the chancery court of the countyin which such election commission is located to compel the appropriation ofsuch funds.

(2) If the county carries an insurance policy for the county electioncommission, its employees, or its election officials, the election commissionshall comply with the terms of the insurance policy with respect to expensescovered by the policy.(b) All expenses, including compensation of its employees and election

officials, incurred by the county election commission or its members in theperformance of duties under this title in holding municipal elections shall bepaid out of the funds of the municipality upon the certification of the chair andsecretary of the county election commission except as otherwise expresslyprovided. If a municipal election is held on the same day as a county-wideelection, the municipality shall pay only the expenses caused by the municipalelection which would not otherwise have been incurred in conducting the

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county-wide election as certified by the chair and secretary of the countyelection commission. If, after a legal proceeding involving a municipal election,the court finds that a subsequent election must be held due to an errorcommitted by the county election commission, then the county shall pay theexpenses of the subsequent election, unless the court finds that the countyelection commission’s error resulted from the county election commission’sreliance on information provided by the municipality.

(c) If a special election is held for the sole purpose of choosing a member ofthe general assembly under § 2-14-202(b), all expenses, including compensa-tion of its employees and election officials, incurred by a county electioncommission or its members in the performance of duties under this title shallbe paid out of the state treasury upon the certification of the chair andsecretary of the county election commission to the secretary of state; provided,that the secretary of state shall review the claim for expenses and only thoseitems certified by the secretary of state to the comptroller of the treasury shallbe paid.

(d) All expenses, including compensation of its employees and electionofficials, incurred by a county election commission or its members in theperformance of its duties under this title in connection with the presidentialpreference primary shall be paid out of the state treasury upon the certificationof the chair and secretary of the county election commission to the secretary ofstate; provided, that the secretary of state shall review the claim and onlythose items certified by the secretary of state to the comptroller of the treasuryshall 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 presidentialpreference primary, then all expenses of the county primary shall likewise beborne by the state upon certification as set forth in this subsection (d).

2-14-202. Time of election — Vacancy in state senate.

(a) If twelve (12) months or more remain prior to the next regular electionfor members of the general assembly, the governor shall, by writs of election,order a special election to fill such vacancy.

(b)(1) The governor shall, by writs of election, set a date not less thanfifty-five (55) nor more than sixty (60) days from the date of the writs forprimary elections for nominations by statewide political parties to fill thevacancy and shall, by the same writs of election, set a date of not less thanone hundred (100) nor more than one hundred seven (107) days from thedate of the writs for a general election to fill the vacancy.

(2) Candidates for the primary elections and independent candidates forthe general election shall qualify as required in regular elections but shallfile qualifying petitions no later than twelve o’clock (12:00) noon prevailingtime on the sixth Thursday before the day of the primary elections. Anycandidate wishing to withdraw shall do so before twelve o’clock (12:00) noon,prevailing time, on the fourth day after the qualifying deadline.

(3) Except where this subsection (b) makes different provisions, part 1 ofthis chapter shall govern elections required by this subsection (b). The stateprimary boards shall perform their duties under chapter 8 of this title withrespect to primaries held under this subsection (b) as quickly as practicable.(c)(1) If it is necessary to hold a special election to fill a vacancy in themembership of the general assembly, and the date for such election, as

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established under subsection (b), falls within thirty (30) days of a regularprimary or general election being held in the legislative district, or alterna-tively falls within thirty (30) days of a municipal election being held in anodd-numbered year in a legislative district which is contained entirelywithin the boundaries of such municipality, the governor may issue the writof election for the special election for the date which will coincide with theregular primary, general or municipal election.

(2) If the date of the election is adjusted, as provided herein, all otherdates dependent on the date of the election shall be adjusted accordingly, andany filing of candidacy, qualifying petitions, financial statements, or otheracts shall be timely done if performed in accordance with the revised dates.(d)(1) If a vacancy occurs in the state senate in a seat with more than two (2)years remaining in the term, but less than twelve (12) months before thenext general election for members of the general assembly, candidates forthe primary elections and independent candidates shall qualify at theregular qualifying deadline for state elections.

(2) If a vacancy as described in subdivision (d)(1) occurs after the seventhday before the regular qualifying deadline for statewide offices, candidatesfor the primary elections and independent candidates shall file the necessaryqualifying petitions before twelve o’clock (12:00) noon, prevailing time, onthe sixth Thursday before the day of the primary election. Any candidatewishing to withdraw shall do so before twelve o’clock (12:00) noon, prevailingtime, on the fourth day after the qualifying deadline.

(3) If a vacancy as described in subdivision (d)(1) occurs after the sixthThursday before the primary election, then the members of the countyexecutive committees who reside within the senate district may nominate acandidate to appear on the November election ballot by any methodauthorized under the rules of the party; provided, however, if no member ofthe county executive committee resides within the senate district, then themembers of the county executive committees who represent precincts withinthe senate district may nominate a candidate. If a vacancy as described insubdivision (d)(1) occurs after the sixth Thursday before the primary electionin any county having a metropolitan form of government with a populationof more than five hundred thousand (500,000), according to the 2010 federalcensus or any subsequent federal census, then the members of the countyexecutive committees who represent the precincts composing such senatedistrict may nominate a candidate to appear on the November election ballotby any method authorized under the rules of the party. The procedure to befollowed by an executive committee shall be the same as set forth in§ 2-13-204(b)(4). Persons so chosen shall be certified to every county electioncommission wholly or partially in the district by twelve o’clock (12:00) noon,prevailing time, on the forty-fifth day prior to the regular November election.Independent candidates shall qualify by filing petitions as provided for in§ 2-5-104 by twelve o’clock (12:00) noon, prevailing time, on the forty-fifthday prior to the regular November election. Any candidate wishing towithdraw shall do so before twelve o’clock (12:00) noon, prevailing time, onthe fourth day after the qualifying deadline.

(4)(A) If a vacancy as described in subdivision (d)(1) occurs withinforty-five (45) days of the next general election for legislators, members ofthe county executive committees who represent the precincts composingsuch senate district may nominate a candidate to appear on a separate

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November election ballot by any method authorized under the rules of theparty within forty-eight (48) hours of notice of the vacancy; provided,however, that any notice requirement under a party’s rules in nominatinga candidate shall be waived in order to meet the forty-eight-hour deadline.Any recognized minor party that does not have a county executivecommittee may nominate candidates by caucus or by state executivecommittee. Persons so chosen shall be certified to every county electioncommission wholly or partially in the district by twelve o’clock (12:00)noon, prevailing time, within forty-eight (48) hours of being nominated.Certification of the candidates to the affected county election commissionsmay be transmitted by email. Independent candidates shall be issuednominating petitions immediately upon notice of the vacancy and shallqualify by filing such petitions as provided for in § 2-5-104 by twelveo’clock (12:00) noon, prevailing time, on the same deadline for thecertification of the political party candidates. The publication require-ments of the qualifying deadline and of the election day sample ballot shallbe met by the county election commission posting the same on its websiteor, if the county election commission does not have or maintain a website,on the website maintained by the secretary of state. No other notices ofthis election shall be required.

(B) Any election held pursuant to subdivision (d)(4)(A) shall not besubject to early voting provisions in § 2-6-102.

(C) The county election commission shall allow any person, who didvote early for the November election, to additionally cast a ballot in personon election day for any state senate election held pursuant to subdivision(d)(4)(A).

2-19-132. Disclaimer required for public communication regardingvoter registration status, website for voter registrationpurposes, and voter lookup website. [Effective on October1, 2019.]

(a)(1) A public communication regarding voter registration status made bya political committee or organization must display a disclaimer that suchcommunication is not made in conjunction with or authorized by thesecretary of state.

(2) As used in this subsection (a), “public communication” includes com-munications made using newspapers or magazines, mass mailings, phonebank or text messages, electronic mail systems, or websites.(b)(1) A person or organization that establishes a website for voter registra-tion purposes must display on such website a disclaimer that the voterregistration is not made in conjunction with or authorized by the secretaryof state.

(2) A person or organization that establishes a voter registration websiteand captures or collects the voter’s information or data must disclose on thewebsite the person’s or organization’s name and the purpose for which thevoter information is captured or collected.

(3) Voter registration includes any method by which a voter may attemptto register to vote or change information on an existing voter registration.(c)(1) A person or organization that establishes a voter lookup website mustdisplay on such website a disclaimer that the voter lookup is not made in

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conjunction with or authorized by the secretary of state.(2) A person or organization that establishes a voter lookup website and

captures or collects the voter’s information or data must disclose on thewebsite the person’s or organization’s name and the purpose for which thevoter information is captured or collected.

(3) Voter lookup includes any method by which a voter may check thevoter’s registration status or polling location.(d) The disclaimer must be clear and conspicuous and prominently placed. A

disclaimer is not clear and conspicuous if it is difficult to read or hear, or if itsplacement can be easily overlooked.

(e) Any person who intentionally and knowingly violates any provision ofthis section commits a Class A misdemeanor and each violation constitutes aseparate offense.

(f) This section does not apply to a county election commission website.

3-1-123. Filing of report with legislative reference and law library andoffice of the speaker of the house of representatives.

(a) If a statute requires an official or entity to make a report to the generalassembly, the speakers of the general assembly, a committee of the generalassembly, or any combination thereof, then a copy of the report shall also befiled with the legislative reference and law library.

(b) In addition to the filing requirement in subsection (a), if a statuterequires an official or entity to make a report to the general assembly, thehouse of representatives, a committee of the house of representatives, or anycombination thereof, then the official or entity must also file a copy of thereport with the office of the speaker of the house of representatives.

3-2-107. Fiscal notes for revenue bills — Cumulative fiscal notesduring session — Comparison of actual fiscal impact —Written summary.

(a)(1) Fiscal notes shall be provided for all general bills or resolutionsincreasing or decreasing state or local revenues, making sum-sufficientappropriations, or increasing or decreasing existing appropriations or thefiscal liability of the state or of the local governments of the state. Upon astanding committee of either house placing such bill or resolution on thecommittee’s calendar for action, the fiscal review committee shall furnish tothe chief clerk of the house or houses of introduction a statement of analysisof the fiscal effect of such bill or resolution and shall prepare and distributecopies of the statement to members of the general assembly. Withintwenty-four (24) hours following a request by the sponsor of an amendmentto any pending measure on which a fiscal note is required by this section, thefiscal review committee shall prepare for the sponsor a fiscal note showingwhat effect the amendment would have on the estimates made in the fiscalnote which applies to the bill or resolution. In regard to any bill or resolutionaffecting local government, the office of the comptroller of the treasury isdirected to provide to the fiscal review committee, upon request, theinformation necessary to determine the fiscal effect of such bill or resolution.

(2)(A) The fiscal note shall, if possible, include an estimate in dollars ofthe anticipated change in revenue, expenditures, or fiscal liability underthe provisions of the bill or resolution. It shall also include a statement as

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to the immediate effect and, if determinable or reasonably foreseeable, thelong-range effect of the measure. If, after careful investigation, it isdetermined that no dollar estimate is possible, the note shall contain astatement to that effect, setting forth the reasons why no dollar estimatecan be given. The fiscal note statement shall include an explanation of thebasis or reasoning on which the estimate is founded, including anyassumptions involved.

(B)(i) The fiscal note shall also include a statement as to the immediateeffect and, if determinable or reasonably foreseeable, the long-rangeeffect on commerce and jobs in this state. Such impact to commercestatement shall also include, if possible, an estimate in dollars of theanticipated change in costs or savings to commerce under the bill orresolution.

(ii) Beginning January 1, 2014, impact to commerce statements shallbe required for general bills or resolutions referred to the followingstanding committees:

(a) Commerce committee of the house of representatives;(b) Insurance committee of the house of representatives; and(c) Commerce and labor committee of the senate.

(3) No comment or opinion shall be included in the fiscal note regardingthe merits of the measure for which the note is prepared; however, technicalor mechanical defects may be noted.(b) A cumulative fiscal note shall be prepared weekly by the fiscal review

committee and a copy shall be distributed to each member of the generalassembly each week while the general assembly is in session. The cumulativefiscal note shall show the cumulative increase or decrease of revenue orexpenditures as caused by legislation enacted from the beginning of the sessionthen convened.

(c)(1) Within ninety (90) days after the conclusion of each annual regularlegislative session, the fiscal review committee staff shall select a fair andrepresentative sample of at least five (5) public chapters enacted within thepreceding five (5) years and compare the actual fiscal impact of each publicchapter to the fiscal impact as stated in the cumulative fiscal note.

(2) Upon completing the review, the fiscal review committee staff shallpresent the results of this review to the fiscal review committee at a meetingof the committee. The committee may also invite testimony from otherwitnesses, including representatives of executive departments and agenciesaffected by the bill. A written summary of the results of such review shall beprovided to each member of the general assembly each year.

3-5-101. Creation — Purpose — Staff — Duties.

(a) On May 15, 2018, there is created the “Tennessee civil rights crimesinformation, reconciliation, and research center” within the office of minorityaffairs created by Senate Joint Resolution No. 61 of the Public Acts of 1981.

(b) The Tennessee civil rights crimes information, reconciliation, and re-search center shall serve as a civil rights crimes remembrance and reconcili-ation repository, function as an informational clearinghouse on unsolved civilrights crimes and cold cases in this state, and coordinate volunteer activitiesthroughout the state pertinent to the mission and duties of the center.

(c) The staff of the office of minority affairs shall also serve as staff for theTennessee civil rights crimes information, reconciliation, and research center.

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The duties of the center shall include:(1)(A) Conducting a statewide survey of civil rights crimes in Tennessee,both solved and unsolved, by utilizing available volunteer resources. Indesignating volunteers and volunteer coordinators to conduct the survey,the director shall utilize the services of public and private sector institu-tions, including, but not limited to, the various Tennessee schools of law,universities and colleges, including the historically black universities andcolleges such as Lemoyne-Owen, Lane, Fisk, Meharry, and TennesseeState, as well as private sector groups such as Tennesseans for HistoricalJustice;

(B) The director shall have the authority to design and distribute thesurvey to the volunteer coordinators to ensure to the extent possible thatthe results will be uniform from county to county, designate volunteersand volunteer coordinators in participating geographic areas, act as acentral coordinator to prevent duplicative and inconsistent results, cata-logue and compile the results of the survey, and transmit the results of thesurvey in the report required by subdivision (c)(9);(2) Determining if any information submitted in the survey described in

subdivision (c)(1), or by any other method the director acquires information,may still be subject to possible criminal prosecution and transferring anysuch information to the appropriate state and local law enforcement agen-cies, district attorneys general, and federal United States attorneys generalwith jurisdiction for the locations involved;

(3) Communicating, discussing, and meeting with the department ofjustice as suggested by Congress in the Emmett Till Unsolved Civil RightsCrimes Reauthorization Act of 2016 to coordinate activities surroundingunsolved civil rights crimes and cold cases believed to have occurred in thisstate;

(4) Collecting and maintaining, within the center, pertinent informationon pending conferences, workshops, public hearings, remembrance andreconciliation events, information on the ten (10) Tennessee stops on the newCivil Rights Trail, information on the activities surrounding the fiftiethanniversary of the Dr. Martin Luther King assassination, and other meet-ings concerning unsolved civil rights crimes and cold cases occurring in thisstate;

(5) Coordinating with the state archivist to determine if any material,information, report, or other document received by the Tennessee civil rightscrimes information, reconciliation, and research center is of historicalsignificance and possesses the indicia of authenticity necessary to considerits transfer to the state library and archives for permanent display andstorage;

(6) Assisting the public and federal, state, and local government entitieswith inquiries regarding information on unsolved civil rights crimes and coldcases in this state;

(7) Initiating and participating in any reconciliation actions, meetings,ceremonies, services, and other similar activities on behalf of the state ofTennessee;

(8) Researching, seeking, and applying for any available funding orgrants from the federal government or the private sector awarded for any ofthe purposes of the Tennessee civil rights crimes information, reconciliation,and research center; and

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