State Summary

Tennessee statute does not provide for automatic recounts. Although a court or other authorized body may initiate a recount in some situations, including the instance of a tie vote, they are not required to do so. Candidates and those running ballot initiative campaigns may contest an election; however, initiating the recount is at the discretion of a court or authorized body and is only allowed under certain circumstances. Petitions for contest of a presidential election must be filed within ten days after the election and the tribunal must record and file its decision with the returns of the election. Complaints contesting elections using voting machines as evidence must be filed within five days after certification of the election. Recounts are conducted by hand or using “automated tabulators” (ballot scanners). The method for conducting Tennessee recounts is chosen by the election official conducting the recount.

Counting Method

Mix of hand count, retabulation and electronic review

The count may be by hand or by retabulation. Tenn. Code Ann. § 2-17-117(c) provides that the court or body with jurisdiction of a contested election shall determine if the recount shall be conducted by hand or with “automated tabulators” (ballot scanners). Tennessee primarily used direct recording electronic (DRE) voting machines without voter-verified paper audit trail (VVPAT) printers until 2024 and Tenn. Code Ann. § 2-17-110 provides for voting machines to be used as evidence in a contested election: “any party to the contest who challenges either the accuracy of the voting machines or the accuracy of the election officials' recording of the vote on the machines may have the machine or machines brought into court to be examined by the parties or as evidence.” Although Tennessee counties now use either DREs with VVPAT or ballot marking devices, the statute still calls for the total votes shown on the machine to be conclusive “unless the court finds reason to believe that the vote shown on the machine is not accurate.” Tenn. Code Ann. § 2-17-110.

Initiating Mechanisms

Court-ordered

Tennessee’s statute allows any court, primary board, legislative body, or tribunal with jurisdiction over contested elections to initiate a recount of ballots for both general and primary elections, but only under limited circumstances, including a tie vote, an indication of fraud, or the malfunction of a voting machine. In each case, this is only when there is an indication that enough votes to alter the election have been affected. Recounts may also be ordered in “any other instance” in which such a body “finds that a recount is warranted.” Tenn. Code Ann. § 2-17-117(a). If a recount is ordered, all ballots cast in the election must be recounted. Tenn. Code Ann. § 2-17-117(b).

The incumbent office holder and any candidate for the office can contest the outcome of an election for the office and any campaign committee or individual in charge of a campaign for the adoption or rejection of a question submitted to the people can contest the election on the question. Tenn. Code Ann. § 2-17-101(b). An election contest must be initiated by one of the foregoing avenues before it proceeds to the recount stage, and the recount must be ordered by the body with jurisdiction over the election contest.

For information on timing, see Tenn. Code Ann. § 2-17-105 & 2-17-106(a).

Close Vote Margin Options

While a court or other authorized body may initiate a recount in the instance of a tie vote, they are not required to do so. See Tenn. Code Ann. § 2-17-117(a). Note also that in the absence of a contested election, ties are resolved in other ways. See Tenn. Code Ann. § 2-8-114. In general, the state election commission casts the deciding vote, except that the county or municipal legislative body may either cast the deciding vote or call for a runoff election in the case of elections under their respective jurisdictions. Tenn. Code Ann. § 2-8-111(2). A joint session of the general assembly casts the deciding vote in the case of elections for governor. Tenn. Code Ann. § 2-8-111(3). The governor casts the deciding vote in the case of elections for representatives in congress. Tie votes in senate elections void the election and a new one is ordered. Tenn. Code Ann. § 2-8-111(4).

Candidate-Initiated Options

Contested election

Candidates may initiate a contested election through the same avenues which a court or other authorized body may order a recount. See Tenn. Code Ann. § 2-17-117(a); 2-17-101(b) . As noted above, candidates cannot request the recount directly; that is left up to the discretion of the court or authorized body and is only allowed under certain circumstances.

For primary contests see Tenn. Code Ann. § 2-17-104. For legislative contests see Tenn. Code Ann. § 2-17-102. For gubernatorial contests see Tenn. Code Ann. § 2-18-101. For presidential contests see Tenn. Code Ann. § 2-17-103.

Voter-Initiated Options

Any campaign committee or individual in charge of a ballot question may contest the election. Tenn. Code Ann. § 2-17-101(b). As in the case with candidate-initiated contests, in its discretion and only under certain circumstances, a court or other authorized body may order a recount. Tenn. Code Ann. § 2-17-117(a).

Cost for Candidate-Initiated Recounts

No guidance

Tennessee statutes do not provide for recount costs.

Cost for Voter-Initiated Recounts

No guidance

Tennessee statutes do not provide for recount costs.

Challengers and Observers

No guidance

Tennessee statutes do not address challengers or observers.

Rules for Determining Voter Intent

Tennessee statutes do not include rules for determining voter intent; however, voter intent is referenced in Tenn. Code Ann. § 2-20-101. See also Tenn. Code Ann. § 2-7-133; Tenn. Comp. R. & Regs. 1360-2-12-.05(7).

Resources

Tenn. Code Ann. § 2-17-117
Tenn. Code Ann. § 2-17-110
Tenn. Code Ann. § 2-17-101
Tenn. Code Ann. § 2-17-105
Tenn. Code Ann. § 2-17-106
Tenn. Code Ann. § 2-8-111
Tenn. Code Ann. § 2-8-114
Tenn. Code Ann. § 2-17-104
Tenn. Code Ann. § 2-17-101

Additional Resources

Tennessee Secretary of State, Rules of the Tennessee Department of State