Tennessee § 2-7-133 - Ballots which may be counted.

§ 2-7-133. Ballots which may be counted.

Only ballots provided in accordance with this title may be counted. The judges shall write “Void” on others and sign them. If the voter marks more names than there are persons to be elected to an office, or if for any reason it is impossible to determine the voter's choice for any office to be filled or on a question, the voter's ballot shall not be counted for such office and shall be marked “Uncounted” beside the office and be signed by the judges. It shall be counted so far as it is properly marked or so far as it is possible to determine the voter's choice. If two (2) ballots are rolled up together or are folded together, they shall not be counted. The judges shall write on them “Void” and the reason and sign them. Any ballot marked by the voter for identification shall not be counted. The judges shall write on it “Void” and the reason and sign it. Ballots which are not counted shall be kept together and shall be bundled separately from the ballots which are counted. [Deleted by 2019 amendment.] Notwithstanding any other provision of law to the contrary, if a voter marks a paper or optical scan ballot with a cross, “x”, checkmark or any other appropriate mark within the square, circle or oval to the right of the candidate's name, or any place within the space in which the name appears, indicating an intent to vote for that candidate, it is a vote for the candidate whose name it is opposite. Underlining or circling the candidate's name would also constitute a vote. Any apparent erasure of a mark next to the name of a candidate may not be counted as a vote for that candidate if the voter makes another mark next to the name of one (1) or more different candidates for the same office and counting of the mark would result in an excess number of votes cast for the office. If a voter casts more than one (1) vote for the same candidate for the same office, the first vote is valid and the remaining votes are invalid. Any person attempting to be elected by write-in ballots shall complete a notice requesting such person's ballots be counted in each county of the district no later than twelve o'clock (12:00) noon, prevailing time, fifty (50) days before the general election. Such person shall only have votes counted in counties where such notice was completed and timely filed. The notice shall be on a form prescribed by the coordinator of elections and shall not require signatures of any person other than the write-in candidate requesting ballots be counted. The coordinator of elections shall distribute such form to the county election commissions. Upon timely receiving the notice required by this subsection (i), the county election commission shall promptly inform the state coordinator of elections, the registry of election finance, as well as all other candidates participating in the affected election. A write-in candidate may withdraw the notice by filing a letter of withdrawal in the same manner as the original notice was filed no later than the fifth day before the election. A candidate defeated in a primary election shall not complete a notice requesting write-in ballots to be counted in the general election under subdivision (i)(1), and any write-in votes cast for the candidate in the general election must not be counted. Acts 1972, ch. 740, § 1; T.C.A., § 2-733; Acts 2001, ch. 413, § 1; 2001, ch. 465, §§ 2-4; 2003, ch. 307, § 4; 2005, ch. 302, § 1; 2007, ch. 125, § 6; 2008, ch. 928, § 15; 2009, ch. 218, § 6; 2019, ch. 128, § 1; 2019, ch. 250, § 4. Compiler's Notes. Acts 2001, ch. 465, § 1, provided that the act shall be known and may be cited as “The 2000 Presidential Election Debacle Reform Bill of 2001.” Amendments. The 2019 amendment by ch. 128 added (i)(2). The 2019 amendment by ch. 250, effective October 1, 2019, deleted former (f) which read: “(f) Notwithstanding any other law to the contrary, a vote shall be counted if a recount is undertaken on a punchcard ballot under the following conditions:“(1) When at least two (2) corners of the chad are detached;“(2) Light is visible through the hole; or“(3) An indentation of the chad from the stylus or other object is present and indicates a clearly ascertainable intent of the voter to vote.” Effective Dates. Acts 2019, ch. 128, § 2. April 9, 2019. Acts 2019, ch. 250, § 9. October 1, 2019. Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Elections, § 12. Attorney General Opinions. Notice requirement for write-in candidates is constitutionally defensible, OAG 04-023 (2/12/04).