Tennessee § 2-8-113 - Primary elections — Determination of results.

§ 2-8-113. Primary elections — Determination of results.

On the fourth Thursday after a primary election, the state coordinator of elections shall publicly calculate and compare the votes received by each person and declare who has been nominated for office in the primary or elected to the state executive committee. The candidates who receive the highest number of votes shall be declared elected or nominated; provided, that in order for any person to receive a party nomination by write-in ballots, such person must receive a number of write-in votes equal to or greater than five percent (5%) of the total number of registered voters of the district. However, this section shall not apply where there are candidates for the office involved listed on the official ballot. The coordinator of elections may delegate the duty under subsection (a) to county primary boards with respect to offices to be elected by voters within a single county and, if requested by the state executive committee of a political party, shall delegate such duty to the county primary boards. The county primary boards shall send the results of the primary election to the state party executive committee unless the state party executive committee wishes to exercise its functions under this section as a party primary board. The state party executive committee may revoke or rescind its request that the coordinator of elections delegate such duty to the county primary boards. Any person trying to receive a party nomination 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 primary election. Such person shall only have votes counted in counties where such notice was completed and timely filed. Write-in candidates for the offices of governor, United States senator and representative in the United States congress shall file their notice with the state coordinator of elections. 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 (c), 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. Acts 1972, ch. 740, § 1; 1975, ch. 131, § 1; 1975, ch. 150, § 1; 1977, ch. 480, § 4; T.C.A., § 2-813; Acts 2003, ch. 307, § 3; 2005, ch. 302, § 2; 2006, ch. 965, §§ 1, 2; 2008, ch. 928, § 16; 2009, ch. 218, § 9; 2010, ch. 1137, § 1. Cross-References. Primary elections, title 2, ch. 13. Attorney General Opinions. A proposed amendment to the statute, which would change the requirement that write-in candidates in primary elections must receive at least five percent of the “total number of votes cast in the election” in order to win to five percent of the “registered voters in the district,” would indirectly affect independent candidates as the amendment would make it more difficult for write-in candidates for primary elections to meet the five percent requirement, OAG 02-069 (5/22/02). A 30-day notice requirement in a proposed amendment to the statute referred to 30 days prior to primary election day, OAG 02-069 (5/22/02). It would be constitutionally permissible to change the requirements for a write-in candidate to receive a party nomination by write-in ballots from five percent of the votes cast to five percent of the registered voters in the district, OAG 02-076 (6/27/02). A proposed amendment to the statute, which would require a 30 day notice from a person trying to receive a party nomination by write-in ballots, was constitutionally defensible, OAG 02-076 (6/27/02). Retroactive application of 2006 amendment, OAG 06-138 (9/8/06).