Tennessee § 2-7-111 - Posting of sample ballots and instructions — Arrangement of polling place — Restrictions.

§ 2-7-111. Posting of sample ballots and instructions — Arrangement of polling place — Restrictions.

The officer of elections shall have the sample ballots, voting instructions, and other materials, which are to be posted, placed in conspicuous positions inside the polling place for the use of voters. The county election commission shall designate entrances to the building in which the election is to be held that are for the use of voters. The officer shall measure off one hundred feet (100') from the designated entrances and place boundary signs at that distance. Within the appropriate boundary as established in subsection (a), and the building in which the polling place is located, the display of campaign posters, signs or other campaign materials, distribution of campaign materials, and solicitation of votes for or against any person, political party, or position on a question are prohibited. No campaign posters, signs or other campaign literature may be displayed on or in any building in which a polling place is located. Except in a county with a population of not less than eight hundred twenty-five thousand (825,000) nor more than eight hundred thirty thousand (830,000) according to the 1990 federal census or any subsequent federal census, a solicitation or collection for any cause is prohibited. This does not include the normal activities that may occur at such polling place such as a church, school, grocery, etc. Nothing in this section shall be construed to prohibit any person from wearing a button, cap, hat, pin, shirt, or other article of clothing outside the established boundary but on the property where the polling place is located. The officer of elections shall have each official wear a badge with that official's name and official title. With the exception of counties having a metropolitan form of government, any county having a population over six hundred thousand (600,000) according to the 1970 federal census or any subsequent federal census, and counties having a population of between two hundred fifty thousand (250,000) and two hundred sixty thousand (260,000) by the 1970 census, any county may, by private act, extend the one hundred foot (100') boundary provided in this section. Acts 1972, ch. 740, § 1; T.C.A., § 2-711; Acts 1980, ch. 543, §§ 1, 2; 1987, ch. 362, §§ 1, 2, 4; 1993, ch. 465, §§ 1, 2; 1993, ch. 518, §§ 11, 21; 1994, ch. 582, § 1; 2003, ch. 307, § 6; 2019, ch. 90, § 1. Compiler's Notes. This section was held unconstitutional in Freeman v. Burson, 802 S.W.2d 210 (Tenn. 1990). See heading “Constitutionality” under Notes to Decisions. However, the decision by the Tennessee supreme court was reversed on appeal by the United States supreme court on May 26, 1992. See Burson v. Freeman, 504 U.S. 191 , 112 S. Ct. 1846 , 119 L. Ed 2d 5 (1992). For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Amendments. The 2019 amendment, in (a), added the second sentence, and substituted “designated entrances” for “entrances to the building in which the election is to be held” in the last sentence. Effective Dates. Acts 2019, ch. 90, § 2. March 28, 2019. Cross-References. Violation of this section a misdemeanor, § 2-19-119 . Attorney General Opinions. Extension of boundary at polling place prohibited, OAG 97-128 (9/22/97). The 100 foot “campaign-free” zone on election day does not extend to private property adjacent to and within 100 feet of the entrance to the polling place, OAG 02-118 (10/24/02).