Tennessee § 2-1-104 - Title definitions.

§ 2-1-104. Title definitions.

In this title, unless a different meaning is clearly intended: “Armed forces personnel” means members of the army, navy, air force, marine corps, coast guard, environmental science services administration, and public health service of the United States or members of the merchant marine of the United States, and their spouses and dependents; “Ballot” means either a piece of paper or the labeled face of a voting machine prepared by appropriate election officials for voters to use to cast their votes; “Ballot box” means a container in which paper ballots are to be placed after being marked by voters; “Ballot label” means a piece of paper, cardboard or other material which is placed in the ballot frames of a voting machine to make a ballot; “Computerized county” means a county which utilizes a computerized voter registration system which has been approved by the coordinator of elections; “County executive committee” means a political party's authoritative county body which is constituted either under the law or under the rules of the political party; “Election” means a general election for which membership in a political party in order to participate therein is not required; “Election officials” means the officers of elections, judges, voting machine operators, precinct and assistant precinct registrars, and inspectors appointed under this title; “Federal election” means an election held to: Nominate a political party's candidate for congress or its candidates for elector for president and vice president; Determine the presidential preference of a political party's members; or Choose a member of congress or electors for president and vice president; “Mail” means first class United States mail, but any higher class of mail may be used when “mail” is specified; “Majority party” means the political party whose members hold the largest number of seats in the combined houses of the general assembly; “Minority party” means the political party whose members hold the second largest number of seats in the combined houses of the general assembly; “Newspaper of general circulation” means a publication bearing a title or name, regularly issued at least as frequently as once a week for a definite price, having a second class mailing privilege, being not less than four (4) pages, published continuously during the immediately preceding one-year period, which is published for the dissemination of news of general interest and is circulated generally in the political subdivision in which it is published and in which notice is to be given. In any county where a publication fully complying with this definition does not exist, the state coordinator of elections is authorized to determine the appropriate publication to receive any required election notice. A newspaper which is not engaged in the distribution of news of general interest to the public, but which is primarily engaged in the distribution of news of interest to a particular group of citizens, is not a “newspaper of general circulation”; “Political party” means an organization which nominates candidates for public office; “Poll book” means the official record book of an election containing poll lists; “Poll list” means the official list of the names of voters in an election. In computerized counties, such a list may consist of a computer printout of registered voters who voted in that election; “Polling place” means the room or rooms where voters apply to vote and mark and cast their ballots; “Precinct” means a geographic unit for the holding of elections having one (1) polling place; “Primary election” means an election held for a political party for the purpose of allowing members of that party to select a nominee or nominees to appear on the general election ballot; “Protective counter” means a voting machine counter which cannot be reset and which records the total number of movements of the operating lever of the machine; “Public counter” means a voting machine counter which shows the total number of movements of the operating lever of the machine at any point in time during an election; “Question” means a statement of a constitutional amendment or any other proposition submitted to the vote of the people; “Recognized minor party” means any group or association that has successfully petitioned by filing with the coordinator of elections a petition which shall conform to requirements established by the coordinator of elections, but which must at a minimum bear the signatures of registered voters equal to at least two and one-half percent (2.5%) of the total number of votes cast for gubernatorial candidates in the most recent election of governor, and on each page of the petition, state its purpose, state its name, and contain the names of registered voters from a single county; “Registered voter” means a qualified voter who has fulfilled the registration requirements of this title; “Regular August election” means the election held on the first Thursday in August of every even-numbered year; “Regular November election” means the election held on the first Tuesday after the first Monday in November in every even-numbered year; “Resident” has the meaning given in §§ 2-2-102 and 2-2-122; “State election” means an election held to: Nominate a political party's candidates for state, county or district offices; or Choose state, county or district officers; “Statewide election” means an election held to nominate or to choose officers elected by or to submit a question to the voters of the entire state; and “Statewide political party” means a political party at least one (1) of whose candidates for an office to be elected by voters of the entire state has received a number of votes equal to at least five percent (5%) of the total number of votes cast for gubernatorial candidates in the most recent election of governor. Where any act or section of the Tennessee Code refers to chapters or sections of the former title 2 of the Tennessee Code, which was repealed effective January 15, 1973, such references are deemed references to the appropriate chapters or sections of this title. Acts 1972, ch. 740, §§ 1, 5; 1973, ch. 327, § 1; 1975, ch. 72, § 5; T.C.A., § 2-104; Acts 1980, ch. 725, §§ 1, 2; 1983, ch. 450, § 1; 1990, ch. 727, §§ 1, 2; 2008, ch. 1108, § 2; 2010, ch. 612, § 6; 2011, ch. 257, §§ 1, 2; 2011, ch. 301, § 5; 2016, ch. 1016, § 1. Compiler's Notes. Acts 2008, ch. 1108, § 1 provided that the act shall be known and may be cited as the “Tennessee Voter Confidence Act.” Acts 2011, ch. 301, § 7 provided that nothing in the act, which deleted the definitions of “precinct-based optical scanner”, “top race”, “voter-verified paper ballot” and “voting system”, shall be construed as restricting or otherwise prohibiting the utilization of precinct-based optical scanners approved for use pursuant to title 2, chapter 9, and in use by a county election commission on May 27, 2011, or the replacement of such voting machines through lease or purchase with the approval of the state coordinator of elections. Amendments. The 2016 amendment deleted “in the past four (4) calendar years” following “the entire state” in definition of “Statewide political party”. Effective Dates. Acts 2016, ch. 1016, § 2. April 28, 2016. Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Elections, § 12. Law Reviews. Tennessee Civil Disabilities: A Systemic Approach (Neil P. Cohen), 41 Tenn. L. Rev. 253 (1974). Attorney General Opinions. Constitutionality of requirements for ballot access by new political parties, OAG 99-121 (5/19/99). “The West Tennessee Examiner” is not suitable for publication of official notices under the Election Code because it is a free publication, OAG 00-160 (10/17/00). The “Tennessee Tribune” qualifies as a “newspaper” and/or a “newspaper of general circulation” for purposes of publication of official notices, OAG 01-095 (6/7/01). The City Paper is a newspaper of general circulation for purposes of publishing statutorily required notices, other than those required under the Election Code, OAG 02-050 (4/17/02). “The West Tennessee Examiner” is not suitable for publication of official notices under the Election Code, OAG 03-076 (6/20/03). It is not the unauthorized practice of law for a court to develop form petitions and orders and to direct non-attorney members of the clerk's office to make petitions available for use by pro se litigants seeking to have their driving privileges restored, OAG 04-071 (4/21/04). Newspaper of general circulation, OAG 05-149 (9/29/05). Hamilton County Herald is a “newspaper” or a “newspaper of general circulation,” OAG 06-091 (5/16/06). The “Commercial Appeal” qualifies as a “newspaper” or “newspaper of general circulation” for purposes of publication of official notices, OAG 06-127 (8/4/06). “Chattanooga Times Free Press” as a “newspaper” and/or “newspaper of general circulation,” OAG 06-158 (10/9/06). “Knoxville Journal” as “newspaper” and/or “newspaper of general circulation,” OAG 06-166 (11/9/06). “The Murfreesboro Post” as a “newspaper” or “newspaper of general circulation,” OAG 07-062 (5/7/07). “Rutherford County Reader” as “newspaper” and/or “newspaper of general circulation”, OAG 07-146 (10/19/07). “The Tennessean” as a “newspaper” and/or a “newspaper of general circulation,” OAG 09-007 (1/26/09).