Tennessee § 2-13-204 - Withdrawal or death of candidate — New nomination.

§ 2-13-204. Withdrawal or death of candidate — New nomination.

If a political party's candidate for any office dies or withdraws because of military call-up for the draft, or physical or mental disability, such physical or mental disability being properly documented by competent medical authority, or is forced to change residence by the candidate's employer for a job-related reason, or is declared ineligible or disqualified by a court, a new nomination may be made by the former nominee's party by any method of nomination authorized by § 2-13-203. A political party's candidate may withdraw for reasons other than those stated in the preceding sentence, but the political party may make no further nomination for the position in question. If the office is to be filled by the voters of the entire state, the party's state executive committee shall determine the method of nomination. If the office is to be filled by the voters of more than one (1) county, the party's chairs of its county executive committees in those counties whose voters will fill the office shall form a committee to determine the method of nomination. However, if the office to be filled is for the house of representatives of the United States congress in a district which consists of more than one (1) county, the chair of the congressional district's convention for that political party shall convene a convention in accordance with the party's rules within fourteen (14) days of the date of the vacancy to determine the method of nomination. If the office is to be filled by the voters of one (1) county, the party's county executive committee shall determine the method of nomination. If the office to be filled is a seat in the general assembly, then it shall be filled by the members of the party's county executive committee who reside within that district, except that in counties having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census, then the office shall be filled by the members of the party's county executive committee who represent precincts within that district. In a county with two (2) or more districts, only members of the county executive committee who reside within a particular district shall determine the method of nomination in that district except that in counties having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census, only members of the party's county executive committee who represent precincts within that district shall determine the method of nomination in that district. If no member of the county executive committee resides within a district, then the members of the county executive committees who represent precincts within the district may nominate a candidate. The chair of the county executive committee of the residence of the former nominee shall call a joint convention for the purpose of selecting a new nominee as herein provided within ten (10) days of the date the vacancy occurred. In counties where the members of the county executive committee are selected at large, the full executive committee shall determine the method of nomination. In counties having a metropolitan form of government the proper county political party executive committee shall meet to choose the party's new nominee. No later than twelve o'clock (12:00) noon prevailing time on the fortieth day before the election, the chair of the party's state executive committee shall file with the county election commission of each county in which the nominee is a candidate a written statement of their name of the new nominee. If any of the events allowing a new nomination occur within ten (10) days of the fortieth day, the time for making a new nomination shall be twelve o'clock (12:00) noon, prevailing time on the tenth day following the death or withdrawal. If a candidate for the general assembly is elected to a local public office where the charter or law governing the local election prohibits the person from holding a state office and a local office simultaneously, then the candidate shall have the candidate's name removed from the ballot as a candidate for election to the general assembly, if the candidate files a written request with the county election commission requesting the candidate's name be removed at least fifty (50) calendar days prior to the election for the general assembly. Nomination for a new candidate may be made by the former candidate's party by any method of nomination authorized by § 2-13-203. Acts 1972, ch. 740, § 1; 1974, ch. 660, § 1; 1976, ch. 669, §§ 1-3; 1977, ch. 480, § 2; 1978, ch. 754, § 2; 1979, ch. 306, §§ 14, 18-20; T.C.A., § 2-511(a), (b); Acts 1981, ch. 392, § 1; 1997, ch. 558, § 3; 1999, ch. 6, §§ 4, 5; 2006, ch. 965, § 3; 2015, ch. 484, § 1. Amendments. The 2015 amendment rewrote the first two sentences in (b)(4), which read: “If the office to be filled is a seat in the general assembly, it shall be filled by the members of the party's county executive committee who represent precincts within that district. In a county with two (2) or more districts, only members of the county executive committee who represent precincts in a particular district shall determine the method of nomination in that district.” Effective Dates. Acts 2015, ch. 484, § 3. May 20, 2015. Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Elections, § 2. Attorney General Opinions. Where a candidate is elected to the general assembly and immediately resigns from his or her local office, a successor would be elected by the qualified voters of the district in which the vacancy occurred, OAG 06-137 (8/28/06). T.C.A. § 2-13-204(d) does not mandate, that a candidate must submit a request to have his or her name removed from the ballot as a candidate for the general assembly, OAG 06-137 (8/28/06). Procedures for filling a vacancy in the state senate. OAG 14-78, 2014 Tenn. AG LEXIS 80 (8/27/14).