Tennessee § 2-5-101 - Time for filing — Required signatures — Failure to file — Filing office hours — Prohibited acts — Death or late withdrawal of candidates.

§ 2-5-101. Time for filing — Required signatures — Failure to file — Filing office hours — Prohibited acts — Death or late withdrawal of candidates.

Candidates shall qualify by filing all nominating petitions, including any duplicate nominating petitions, by the deadlines set out in the schedule in this section. The qualifying deadline for any office not included in this section shall be twelve o'clock (12:00) noon, prevailing time, on the third Thursday in the third calendar month before the election. Independent and primary candidates for any office to be filled at the regular November election for which a primary is required to be held at the regular August election shall qualify by filing such candidates' nominating petitions no later than twelve o'clock (12:00) noon, prevailing time, on the first Thursday in April. Independent and primary candidates for any office to be filled in a regular August general election for which a May primary has been called under § 2-13-203 shall qualify by filing their petitions for the August election no later than twelve o'clock (12:00) noon, prevailing time, on the third Thursday in February. In the event no May primary authorized under § 2-13-203 is called for any office to be filled in the regular August general election, then the candidates shall qualify by filing their petitions no later than twelve o'clock (12:00) noon, prevailing time, on the first Thursday in April. In presidential election years, if a political party calls for the county primary in March, the qualifying deadline for candidates in the primary and independent candidates for those offices shall be twelve o'clock (12:00) noon, prevailing time, on the second Thursday in December. Independent candidates for offices which will appear on the county primary ballot shall qualify by filing their petitions at the same time primary candidates qualify. Candidates in municipal elections held in conjunction with the regular August election shall file their nominating petitions no later than twelve o'clock (12:00) noon, prevailing time, on the first Thursday in April. Candidates in municipal elections held in conjunction with the presidential preference primary election shall file their nominating petitions no later than twelve o'clock (12:00) noon, prevailing time, on the second Thursday in December. Candidates in all other municipal elections shall file their nominating petitions no later than twelve o'clock (12:00) noon, prevailing time, on the third Thursday in the third calendar month before the election. In counties having a population in excess of six hundred thousand (600,000), according to the federal census of 1970 or any subsequent census, candidates in municipal elections will file their nominating petitions in accordance with time and date as prescribed for the August primary and November general election. When a special election is being held in conjunction with either a municipal August primary or November general election, the time of qualifying for candidates to the office for which the special election is being held shall conform and be governed by the same time and the same date prescribed for the municipal August primary or November general election; but in no way shall the time for qualifying specified by this subdivision (a)(4) be less than the qualifying time prescribed for the special election. Nominating petitions shall be signed by the candidate and twenty-five (25) or more registered voters who are eligible to vote to fill the office. Nominating petitions for independent presidential candidates shall be signed by the candidate and twenty-five (25) or more registered voters for each elector allocated to the state. Each independent candidate must designate the full number of electors allocated to the state. The signer of a petition must include the address of the signer's residence as shown on the signer's voter registration card in order for that person's signature to be counted. In the event that the signer of a petition includes information on a nominating petition that exceeds the information contained on such person's voter registration card, the signature shall be counted if there is no conflict between the nominating petition and the voter registration card. If no street address is shown on the signer's voter registration card, that person's signature and address as shown on the voter registration card shall be sufficient. A street address shall be sufficient, and no apartment number shall be required. A person's regular signature shall be accepted just as the person's legal signature would be accepted. For example, for the purposes of this subsection (b), “Joe Public” shall be accepted just as “Joseph Q. Public” would be accepted. If a candidate does not file by the deadline specified in this section, or fails to file any duplicate petition required by § 2-5-104 by the deadline specified in this section, or the candidate's petition does not contain the signatures and residential addresses of twenty-five (25) or more registered voters eligible to vote to fill the office, the candidate's name shall not be printed on any official ballot for the election. Offices in which petitions are to be filed shall be open until four o'clock (4:00 p.m.) prevailing time on the final day of any qualifying period. The name of any candidate nominated by any political party by any method other than a primary election, for any office to be filled in a regular August election for which a March or May primary has been called under § 2-13-203 shall be certified by the party executive committee to the county election commission or county administrator of elections by the qualifying deadline for the respective primary as provided for elsewhere in this section. If no primary is held, party nominees shall be certified no later than twelve o'clock (12:00) noon, prevailing time, on the first Thursday in April. It is unlawful for any person to qualify as a candidate in a primary election with more than one (1) political party in which such person seeks the same office. It is unlawful for any person to qualify as an independent candidate and as a primary candidate for the same office in the same year. No person defeated in a primary election or party caucus shall qualify as an independent for the general election. No candidate in a party primary election or party caucus may appear on the ballot in a general election as the nominee of a different political party or as an independent. No candidate, whether independent or represented by a political party, may be permitted to submit and have accepted by any election commission, more than one (1) qualifying petition, or otherwise qualify and be nominated, or have such candidate's name anywhere appear on any ballot for any election or primary, wherein such candidate is attempting to be qualified for and nominated or elected to more than one (1) state office as described in either § 2-13-202(1) or (2) or in article VI of the Constitution of Tennessee or more than one (1) constitutional county office described in article VII, § 1 of the Constitution of Tennessee or any other county-wide office, voted on by voters during any primary or general election. It is unlawful for a person to qualify as a candidate for any election if such person has failed to file any required report for which a civil penalty has been imposed under chapter 10 of this title. If a candidate in a primary election or nonpartisan general election, after the qualifying deadline: Dies; Withdraws because of military call up; Withdraws because of physical or mental disability, such physical or mental disability being properly documented by competent medical authority; Withdraws because such candidate is forced to change residence by the candidate's employer for a job-related reason; Is declared ineligible or disqualified by a court or disqualified by the political party executive committee under § 2-5-204; Is declared disqualified by the peace officer standards and training (POST) commission pursuant to § 8-8-102(e); or Is declared disqualified by the Tennessee highway officials certification board pursuant to § 54-7-104;leaving no candidates for nomination or office, additional candidates may qualify for the election or that nomination by filing their petitions as provided by law no later than twelve o'clock (12:00) noon, prevailing time on the fortieth day before the election. If any of these events occur within ten (10) days of the fortieth day, the qualifying deadline shall be twelve o'clock (12:00) noon, prevailing time on the tenth day following the death or withdrawal. Candidates may withdraw for reasons other than those listed in subdivision (g)(1); however, no additional candidates may qualify. This subsection (h) shall be known and may be cited as the “Anti-Skullduggery Act of 1991.” Notwithstanding any provision of this section to the contrary, additional candidates may qualify for an office by qualifying as provided by law no later than twelve o'clock (12:00) noon, prevailing time, on the seventh day after the original withdrawal deadline, if an incumbent of such office is a candidate for a primary or a nonpartisan general election and if such incumbent dies or properly withdraws on the last day for qualifying or prior to twelve o'clock (12:00) noon, prevailing time, on the seventh day after the qualifying deadline. If an incumbent withdraws during the period specified in subdivision (h)(2), this subsection (h) shall operate to: Extend the period to qualify for the primary election of each political party holding a primary for that office; Extend the period during which a political party that would have been authorized by law to nominate a candidate for the office by a means other than primary election, but did not do so prior to the withdrawal of the incumbent; and Extend the period a person may qualify for a nonpartisan general election. Any request to withdraw by such additional candidates shall be filed no later than twelve o'clock (12:00) noon, prevailing time, on the fourth day after the new qualifying deadline. Notwithstanding subdivisions (f)(1), (2), and (4), if an incumbent member of the general assembly who has filed a petition for reelection is disqualified by the political party executive committee under § 2-5-204, then the incumbent member of the general assembly may file a new petition for the same office as a candidate for another political party or as an independent candidate. Notwithstanding the filing deadlines in this section, an incumbent member of the general assembly filing a petition under this subsection (i) shall file the petition no later than ninety (90) days before: The primary election, if the incumbent is filing a petition as a candidate for another political party; or The general election, if the incumbent is filing a petition as an independent candidate. Acts 1972, ch. 740, § 1; 1973, ch. 106, §§ 1, 2; 1973, ch. 160, § 1; 1974, ch. 660, § 1; 1974, ch. 731, § 1; 1975, ch. 26, § 1; 1975, ch. 83, § 1; 1977, ch. 47, § 1; 1978, ch. 940, § 1; 1979, ch. 115, § 1; 1979, ch. 136, § 1; 1979, ch. 306, § 15; T.C.A., §§ 2-505, 2-511(c); Acts 1981, ch. 382, § 1; 1981, ch. 385, § 3; 1981, ch. 478, §§ 12, 13; 1982, ch. 871, §§ 4, 5; 1982, ch. 894, § 1; 1983, ch. 266, § 1; 1985, ch. 81, § 1; 1986, ch. 562, § 20; 1988, ch. 516, § 1; 1988, ch. 933, §§ 5, 6, 13; 1989, ch. 128, §§ 1, 3; 1989, ch. 247, § 1; 1989, ch. 590, §§ 7-9; 1990, ch. 628, § 3; 1991, ch. 153, §§ 1-6; 1991, ch. 373, § 3; 1991, ch. 414, §§ 1, 2; 1994, ch. 771, §§ 1-3; 1995, ch. 87, §§ 1, 2; 1999, ch. 6, §§ 1, 2; 1999, ch. 208, §§ 1, 2; 2000, ch. 756, § 8; 2001, ch. 199, §§ 1, 2; 2003, ch. 374, § 13; 2004, ch. 480, § 4; 2008, ch. 618, § 1; 2011, ch. 182, §§ 1, 2; 2012, ch. 955, § 9; 2015, ch. 508, § 2; 2016, ch. 604, § 2; 2020, ch. 713, § 1. Code Commission Notes. Former subsection (h), concerning applicability of amendments by Acts 1991, ch. 153 to elections in counties in 1991, was deleted as obsolete in 2014 by the code commission. Compiler's Notes. Acts 1989, ch. 247, § 2 also provided that the amendment by that act shall apply only to nominating petitions filed after May 9, 1989. References to the county “registrar-at-large” and “deputy registrar” have been changed to “administrator of elections” and “deputy”, respectively, pursuant to Acts 1997, ch. 558, §§ 21 and 22. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Acts 2020, ch. 713, § 2 provided that the act, which amended this section, shall apply to the 2020 election and all subsequent elections. Amendments. The 2015 amendment added (g)(1)(F). The 2016 amendment added (g)(1)(G). The 2020 amendment added (i). Effective Dates. Acts 2015, ch. 508, § 3. July 1, 2015. Acts 2016, ch. 604, § 3. July 1, 2016. Acts 2020, ch. 713, § 2. June 22, 2020. Cross-References. Failure to use standard time, § 4-1-401 . Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Elections, §§ 2, 12. Law Reviews. Selected Tennessee Legislation of 1983 (N.L. Resener, J.A. Whitson, K.J. Miller), 50 Tenn. L. Rev. 785 (1983). Attorney General Opinions. Qualifying deadlines, constitutionality, OAG 88-42 (2/29/88). Application of “sore loser” provisions to counties where candidates are nominated by party caucus, OAG 95-062 (5/26/95). Simultaneously holding offices of constitutional convention delegate and general assembly member, OAG 98-054 (3/3/98). County-wide offices include general sessions and juvenile court judgeships, OAG 98-097 (5/21/98). Deadlines for filing nominating petitions for interim city council election, OAG 98-0172 (8/27/98). Constitutionality of requirements for ballot access by new political parties, OAG 99-121 (5/19/99). The same individual may not run for the office of sheriff and constable in the same election, OAG 02-012 (1/18/02). Under T.C.A. § 2-5-101(f)(5) , the same individual may not run for the offices of county commissioner and constable in the same election. But neither this statute nor T.C.A. § 5-5-102(c)(2) prohibits a constable from being nominated for or elected to membership in the county legislative body at some other time, OAG 08-177 (11/20/08). Procedures for filling a vacancy in the state senate. OAG 14-78, 2014 Tenn. AG LEXIS 80 (8/27/14).