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Home » US Law » 2021 Tennessee Code » Title 2 - Elections » Chapter 18 - Contested Election of Governor

§ 2-18-101. Determination by General Assembly

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 the returns of the election for governor, […]

§ 2-18-103. Tellers

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.

§ 2-18-104. Examination of Election Returns

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 to the tellers who shall make a […]

§ 2-18-105. Aggregate Vote When No Objection — Resolution of Election

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, which shall be in order and passed […]

§ 2-18-106. Committee on the Governor’s Election

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 were the other claimants. The committee shall […]

§ 2-18-107. Presence of Candidates — Objections and Petitions — Answer

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. When an objection is made, it shall be followed by a petition stating the grounds of objection clearly and concisely, making specific assignment of the grounds relied […]

§ 2-18-108. Specific Denials to Answer

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. A copy of the petitioner’s answer shall be served on each claimant as in the case of the petition.

§ 2-18-109. Powers and Duties of Committee

The objections, petitions and answers shall be referred to the committee. The committee shall take evidence and consider the objections. The committee and any subcommittee of it may: Send for and examine persons and papers; Issue compulsory process for them running to every county in the state, which may be executed by the sergeant-at-arms of […]

§ 2-18-110. Petition and Answer to Be Verified — Oaths

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. The chair of the committee and the chairs of subcommittees may administer oaths to witnesses.

§ 2-18-111. Adjournment Pending Determination of Objections

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 to the call of the speaker of the senate.

§ 2-18-112. Report of Committee

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

§ 2-18-113. Consideration of Report

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. The members of both houses shall then […]

§ 2-18-115. Resolution Evidence of Election — Inauguration

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. The governor-elect shall thereafter be inaugurated as soon as practicable, on […]

§ 2-18-117. Bond — Enforcement of Penalty

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 the faithful and bona fide prosecution of the contest. If no […]