Recount laws in Tennessee

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An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.


Note: The content below describes recount procedures in Tennessee. The information on this page is not intended to serve as a manual for those seeking to start or halt a recount; individuals seeking more information about specific processes and requirements should contact their state election agencies.

Summary of recount laws

The list below shows answers to common questions regarding recounts in Tennessee.[1]

  • Does state law require automatic recounts?
    • No.
  • When must an automatic recount be completed?
    • There are no automatic recounts in this state.
  • Can a recount be requested?
    • Not outright. A recount can only be requested as part of a contested election. The deadline to contest an election outcome is within five days after the certification of the election. Any court or other body with jurisdiction over a contested election may order a recount under certain circumstances provided by state law, described below. There is no deadline specified for the completion of such a recount.
  • Who pays for a requested recount?
    • State law does not specify who is responsible for costs associated with recounts ordered during a contested election.
  • Is a refund available for requested recount costs?
    • Not specified in state law.
  • Can a partial recount be requested?
    • No.

Tennessee recount procedures

Automatic recount procedures

Tennessee does not require automatic recounts.

Requested recount procedures

Candidates and individuals in charge of ballot question campaigns cannot request a recount but they can contest an election outcome within five days after the certification of the election.[2] As part of that contested election, any court, primary board, legislative body, or tribunal with jurisdiction over a contested election may order a recount under any of the following circumstances:

“
(1) A tie vote;
(2) An indication of fraud if the number of votes affected would be sufficient to change the result of the election;
(3) A malfunction of a voting machine or tabulator if the number of votes affected would be sufficient to change the result of the election; or
(4) In any other instance the court or body with jurisdiction of a contested election finds that a recount is warranted.[3]
 ”
—Tennessee Code

State law specifies neither the deadline for completion of such a requested recount nor the party responsible for costs.

For more information about recount procedures as part of contested elections in Tennessee, click here

Tennessee voting equipment

See also: Voting methods and equipment by state

Tennessee uses paper and Direct Recording Electronic (DRE) systems for its elections. The state does not require a voter-verified paper audit trail (VVPAT) when conducting elections. According to the National Academy of Sciences, a voter-verified paper audit trail "consists of physical paper records of voter ballots as voters have cast them on an electronic voting system. In the event that an election recount or audit is called for, the VVPAT provides a supporting record."[4][5]

50-state overview of recount laws

The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.


50-state overview of requested recounts

The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.


See also

Footnotes

  1. ↑ Lexis Nexus, "2-17,18," accessed October 16, 2020
  2. ↑ Tennessee Code, "2-17-105. Time for filing complaint," accessed Oct. 19, 2020
  3. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  4. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed August 1, 2018
  5. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  6. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  7. ↑ A court may order a recount under Arizona law.
  8. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  9. ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
  10. ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
  11. ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
  12. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  13. ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
  14. ↑ No mention in state law.
  15. ↑ No mention in state law.
  16. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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