Tennessee Code Annotated
Tenn. Code Ann. § 2-1-104 (2026)
Title definitions
✓ current as of May 2026
- (a) In this title, unless a different meaning is clearly intended:
- (1) "Armed forces personnel" means members of the army, navy, air force, marine corps, coast guard, environmental science services administration, and public health service of the United States or members of the merchant marine of the United States, and their spouses and dependents;
- (2) "Ballot" means either a piece of paper or the labeled face of a voting machine prepared by appropriate election officials for voters to use to cast their votes;
- (3) "Ballot box" means a container in which paper ballots are to be placed after being marked by voters;
- (4) "Ballot label" means a piece of paper, cardboard or other material which is placed in the ballot frames of a voting machine to make a ballot;
- (5) "Computerized county" means a county which utilizes a computerized voter registration system which has been approved by the coordinator of elections;
- (6) "County executive committee" means a political party's authoritative county body which is constituted either under the law or under the rules of the political party;
- (7) "Election" means a general election for which membership in a political party in order to participate therein is not required;
- (8) "Election officials" means the officers of elections, judges, voting machine operators, precinct and assistant precinct registrars, and inspectors appointed under this title;
- (9) "Federal election" means an election held to:
- (A) Nominate a political party's candidate for congress or its candidates for elector for president and vice president;
- (B) Determine the presidential preference of a political party's members; or
- (C) Choose a member of congress or electors for president and vice president;
- (10) "Mail" means first class United States mail, but any higher class of mail may be used when "mail" is specified;
- (11) "Majority party" means the political party whose members hold the largest number of seats in the combined houses of the general assembly;
- (12) "Minority party" means the political party whose members hold the second largest number of seats in the combined houses of the general assembly;
- (13) "Newspaper of general circulation" means a publication bearing a title or name, regularly issued at least as frequently as once a week for a definite price, having a second class mailing privilege, being not less than four (4) pages, published continuously during the immediately preceding one-year period, which is published for the dissemination of news of general interest and is circulated generally in the political subdivision in which it is published and in which notice is to be given. In any county where a publication fully complying with this definition does not exist, the state coordinator of elections is authorized to determine the appropriate publication to receive any required election notice. A newspaper which is not engaged in the distribution of news of general interest to the public, but which is primarily engaged in the distribution of news of interest to a particular group of citizens, is not a "newspaper of general circulation";
- (14) "Political party" means an organization which nominates candidates for public office;
- (15) "Poll book" means the official record book of an election containing poll lists;
- (16) "Poll list" means the official list of the names of voters in an election. In computerized counties, such a list may consist of a computer printout of registered voters who voted in that election;
- (17) "Polling place" means the room or rooms where voters apply to vote and mark and cast their ballots;
- (18) "Precinct" means a geographic unit for the holding of elections having one (1) polling place;
- (19) "Primary election" means an election held for a political party for the purpose of allowing members of that party to select a nominee or nominees to appear on the general election ballot;
- (20) "Protective counter" means a voting machine counter which cannot be reset and which records the total number of movements of the operating lever of the machine;
- (21) "Public counter" means a voting machine counter which shows the total number of movements of the operating lever of the machine at any point in time during an election;
- (22) "Question" means a statement of a constitutional amendment or any other proposition submitted to the vote of the people;
- (23) "Recognized minor party" means any group or association that has successfully petitioned by filing with the coordinator of elections a petition which shall conform to requirements established by the coordinator of elections, but which must at a minimum bear the signatures of registered voters equal to at least two and one-half percent (2.5%) of the total number of votes cast for gubernatorial candidates in the most recent election of governor, and on each page of the petition, state its purpose, state its name, and contain the names of registered voters from a single county;
- (24) "Registered voter" means a qualified voter who has fulfilled the registration requirements of this title;
- (25) "Regular August election" means the election held on the first Thursday in August of every even-numbered year;
- (26) "Regular November election" means the election held on the first Tuesday after the first Monday in November in every even-numbered year;
- (27) "Resident" has the meaning given in §§ 2-2-102 and 2-2-122;
- (28) "State election" means an election held to:
- (A) Nominate a political party's candidates for state, county or district offices; or
- (B) Choose state, county or district officers;
- (29) "Statewide election" means an election held to nominate or to choose officers elected by or to submit a question to the voters of the entire state; and
- (30) "Statewide political party" means a political party at least one (1) of whose candidates for an office to be elected by voters of the entire state has received a number of votes equal to at least five percent (5%) of the total number of votes cast for gubernatorial candidates in the most recent election of governor.
- (b) Where any act or section of the Tennessee Code refers to chapters or sections of the former title 2 of the Tennessee Code, which was repealed effective January 15, 1973, such references are deemed references to the appropriate chapters or sections of this title.
Amended by 2016 Tenn. Acts, ch. 1016, s 1, eff. 4/28/2016.
Acts 1972, ch. 740, §§ 1, 5; 1973, ch. 327, § 1; 1975, ch. 72, §5; T.C.A., § 2-104; Acts 1980, ch. 725, §§ 1, 2; 1983, ch. 450, § 1; 1990, ch. 727, §§1, 2; 2008 , ch. 1108, §2; 2010 , ch. 612, §6; 2011 , ch. 257, §§1, 2; 2011 , ch. 301, § 5.
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1981–2024 · leading case: Green Party of Tennessee v. Hargett, 882 F. Supp. 2d 959 (M.D. Tenn. 2012).
Green Party of Tennessee v. Hargett, 882 F. Supp. 2d 959 (M.D. Tenn. 2012). “(a) “To be recognized as a minor party, a petition as required in § 2-1-104 must be filed no later than twelve o’clock (12:00) noon on the qualifying deadline as established in § 2-5-101(a)(1) in the office of the coordinator of elections.”
Green Party of Tennessee v. Tre Hargett, 791 F.3d 684 (6th Cir. 2015). “2d at 593 (quoting Tenn.Code Ann. § 2-1-104(27)) (emphasis added).”
Green Party v. Hargett, 953 F. Supp. 2d 816 (M.D. Tenn. 2013). “§ 2-13-107 provides as follows: (a) (1) To be recognized as a minor party for purposes of a primary election, a petition as required in § 2-1-104 must be filed no later than twelve o’clock (12:00) noon, prevailing time, on the appropriate qualifying deadline as established in §…”
Libertarian Party of Tennessee v. Goins, 793 F. Supp. 2d 1064 (M.D. Tenn. 2010). “Plaintiffs’ specific challenges are: (1) that Section 2-l-104(a)(30)’s requirement of disclosure of voter signatories’ party membership on new political party’s petition for ballot access unduly burdens Plaintiffs’ and Tennessee voters’ First Amendment rights; (2) that Section…”
Nancy Carola Jacobsen v. Florida Sec'y of State, 974 F.3d 1236 (11th Cir. 2020). “Others determine it based on the party that currently holds a majority in the state legislature, Tenn. Code Ann. §§ 2-1-104 (a)(11)–(12), 2-5- 208(d)(1), or the number of votes each party received in the last congressional election, Wyo.”
Green Party of Tennessee v. Hargett, 7 F. Supp. 3d 772 (M.D. Tenn. 2014). “To maintain recognition beyond the current election year, a minor party must meet the requirements of a statewide political party as defined in Section 2-1-104. A “Recognized political party” who fails to meet such requirements shall cease to be a “Recognized political party”.”
Mills v. Shelby Cnty. Election Comm'n, 218 S.W.3d 33 (Tenn. Ct. App. 2006). “T.C.A. § 2-1-104(2)(2003) defines “ballot” as “either a piece of paper or the labelled face of a voting machine prepared by appropriate election officials for voters to use to cast their votes.”
Green Party of Tennessee v. Tre Hargett, 700 F.3d 816 (6th Cir. 2012). “This allegation focuses on the requirement that a minor party fil[e] with the coordinator of elections a petition which shall conform to requirements established by the coordinator of elections, but which must at a minimum bear the signatures of registered voters equal to at…”
Nancy Carola Jacobsen v. Florida Sec'y of State, 957 F.3d 1193 (11th Cir. 2020). “Others determine it based on the party that currently holds a majority in the state legislature, Tenn. Code Ann. §§ 2-1-104 (a)(11)–(12), 2-5- 208(d)(1), or the number of votes each party received in the last congressional election, Wyo.”
John Jay Hooker v. Governor Bill Haslam, 437 S.W.3d 409 (Tenn. 2014). “§ 2-1-104(a)(30). Accordingly, an “election” can be either a contested popular election or a referendum submitting an issue or question to the voters.”
State Ex Rel. Inman v. Brock, 622 S.W.2d 36 (Tenn. 1981). “" T.C.A. § 2-1-104(6) defines elections as including general elections, primary elections and submission of questions to the people by a ballot not the method of selecting nominees by the Tennessee State Democratic Executive Committee.”
Fraternal Order Of Police v. Metro. Gov't Of Nashville & Davidson Cnty., Tennessee (Tenn. Ct. App. 2019). “” Tenn. Code Ann. § 2-1-104 (a). No definitions of “municipal election,” “municipal general election,” “metropolitan election,” or “metropolitan general election,” are found in Tenn.”
— Tenn. Code Ann. § 2-1-104(11) — 1 case
Green Party of Tennessee v. Hargett, 882 F. Supp. 2d 959 (M.D. Tenn. 2012). “(a) “To be recognized as a minor party, a petition as required in § 2-1-104 must be filed no later than twelve o’clock (12:00) noon on the qualifying deadline as established in § 2-5-101(a)(1) in the office of the coordinator of elections.”
— Tenn. Code Ann. § 2-1-104(2)(2003) — 1 case
Mills v. Shelby Cnty. Election Comm'n, 218 S.W.3d 33 (Tenn. Ct. App. 2006). “T.C.A. § 2-1-104(2)(2003) defines “ballot” as “either a piece of paper or the labelled face of a voting machine prepared by appropriate election officials for voters to use to cast their votes.”
— Tenn. Code Ann. § 2-1-104(24) — 3 cases
Green Party of Tennessee v. Hargett, 882 F. Supp. 2d 959 (M.D. Tenn. 2012). “(a) “To be recognized as a minor party, a petition as required in § 2-1-104 must be filed no later than twelve o’clock (12:00) noon on the qualifying deadline as established in § 2-5-101(a)(1) in the office of the coordinator of elections.”
Green Party v. Hargett, 953 F. Supp. 2d 816 (M.D. Tenn. 2013). “§ 2-13-107 provides as follows: (a) (1) To be recognized as a minor party for purposes of a primary election, a petition as required in § 2-1-104 must be filed no later than twelve o’clock (12:00) noon, prevailing time, on the appropriate qualifying deadline as established in §…”
Green Party of Tennessee v. Hargett, 7 F. Supp. 3d 772 (M.D. Tenn. 2014). “To maintain recognition beyond the current election year, a minor party must meet the requirements of a statewide political party as defined in Section 2-1-104. A “Recognized political party” who fails to meet such requirements shall cease to be a “Recognized political party”.”
— Tenn. Code Ann. § 2-1-104(27) — 1 case
Green Party of Tennessee v. Tre Hargett, 791 F.3d 684 (6th Cir. 2015). “2d at 593 (quoting Tenn.Code Ann. § 2-1-104(27)) (emphasis added).”
— Tenn. Code Ann. § 2-1-104(31) — 2 cases
Green Party of Tennessee v. Hargett, 882 F. Supp. 2d 959 (M.D. Tenn. 2012). “(a) “To be recognized as a minor party, a petition as required in § 2-1-104 must be filed no later than twelve o’clock (12:00) noon on the qualifying deadline as established in § 2-5-101(a)(1) in the office of the coordinator of elections.”
Green Party of Tennessee v. Hargett, 7 F. Supp. 3d 772 (M.D. Tenn. 2014). “To maintain recognition beyond the current election year, a minor party must meet the requirements of a statewide political party as defined in Section 2-1-104. A “Recognized political party” who fails to meet such requirements shall cease to be a “Recognized political party”.”
— Tenn. Code Ann. § 2-1-104(6) — 1 case
State Ex Rel. Inman v. Brock, 622 S.W.2d 36 (Tenn. 1981). “" T.C.A. § 2-1-104(6) defines elections as including general elections, primary elections and submission of questions to the people by a ballot not the method of selecting nominees by the Tennessee State Democratic Executive Committee.”
— Tenn. Code Ann. § 2-1-104(a)(24) — 4 cases
Green Party of Tennessee v. Hargett, 882 F. Supp. 2d 959 (M.D. Tenn. 2012). “(a) “To be recognized as a minor party, a petition as required in § 2-1-104 must be filed no later than twelve o’clock (12:00) noon on the qualifying deadline as established in § 2-5-101(a)(1) in the office of the coordinator of elections.”
Green Party v. Hargett, 953 F. Supp. 2d 816 (M.D. Tenn. 2013). “§ 2-13-107 provides as follows: (a) (1) To be recognized as a minor party for purposes of a primary election, a petition as required in § 2-1-104 must be filed no later than twelve o’clock (12:00) noon, prevailing time, on the appropriate qualifying deadline as established in §…”
Green Party of Tennessee v. Tre Hargett, 700 F.3d 816 (6th Cir. 2012). “This allegation focuses on the requirement that a minor party fil[e] with the coordinator of elections a petition which shall conform to requirements established by the coordinator of elections, but which must at a minimum bear the signatures of registered voters equal to at…”
Green Party of Tennessee v. Hargett, 7 F. Supp. 3d 772 (M.D. Tenn. 2014). “To maintain recognition beyond the current election year, a minor party must meet the requirements of a statewide political party as defined in Section 2-1-104. A “Recognized political party” who fails to meet such requirements shall cease to be a “Recognized political party”.”
— Tenn. Code Ann. § 2-1-104(a)(26) — 1 case
Green Party v. Hargett, 953 F. Supp. 2d 816 (M.D. Tenn. 2013). “§ 2-13-107 provides as follows: (a) (1) To be recognized as a minor party for purposes of a primary election, a petition as required in § 2-1-104 must be filed no later than twelve o’clock (12:00) noon, prevailing time, on the appropriate qualifying deadline as established in §…”
— Tenn. Code Ann. § 2-1-104(a)(29) — 1 case
Libertarian Party of Tennessee v. Goins, 793 F. Supp. 2d 1064 (M.D. Tenn. 2010). “Plaintiffs’ specific challenges are: (1) that Section 2-l-104(a)(30)’s requirement of disclosure of voter signatories’ party membership on new political party’s petition for ballot access unduly burdens Plaintiffs’ and Tennessee voters’ First Amendment rights; (2) that Section…”
— Tenn. Code Ann. § 2-1-104(a)(30) — 5 cases
Green Party of Tennessee v. Tre Hargett, 791 F.3d 684 (6th Cir. 2015). “2d at 593 (quoting Tenn.Code Ann. § 2-1-104(27)) (emphasis added).”
Libertarian Party of Tennessee v. Goins, 793 F. Supp. 2d 1064 (M.D. Tenn. 2010). “Plaintiffs’ specific challenges are: (1) that Section 2-l-104(a)(30)’s requirement of disclosure of voter signatories’ party membership on new political party’s petition for ballot access unduly burdens Plaintiffs’ and Tennessee voters’ First Amendment rights; (2) that Section…”
John Jay Hooker v. Governor Bill Haslam, 437 S.W.3d 409 (Tenn. 2014). “§ 2-1-104(a)(30). Accordingly, an “election” can be either a contested popular election or a referendum submitting an issue or question to the voters.”
Green Party of Tennessee v. Hargett, 882 F. Supp. 2d 959 (M.D. Tenn. 2012). “(a) “To be recognized as a minor party, a petition as required in § 2-1-104 must be filed no later than twelve o’clock (12:00) noon on the qualifying deadline as established in § 2-5-101(a)(1) in the office of the coordinator of elections.”
Green Party v. Hargett, 953 F. Supp. 2d 816 (M.D. Tenn. 2013). “§ 2-13-107 provides as follows: (a) (1) To be recognized as a minor party for purposes of a primary election, a petition as required in § 2-1-104 must be filed no later than twelve o’clock (12:00) noon, prevailing time, on the appropriate qualifying deadline as established in §…”
— Tenn. Code Ann. § 2-1-104(a)(30)(B) — 1 case
Green Party of Tennessee v. Hargett, 7 F. Supp. 3d 772 (M.D. Tenn. 2014). “To maintain recognition beyond the current election year, a minor party must meet the requirements of a statewide political party as defined in Section 2-1-104. A “Recognized political party” who fails to meet such requirements shall cease to be a “Recognized political party”.”
— Tenn. Code Ann. § 2-1-104(a)(31) — 1 case
Green Party of Tennessee v. Hargett, 7 F. Supp. 3d 772 (M.D. Tenn. 2014). “To maintain recognition beyond the current election year, a minor party must meet the requirements of a statewide political party as defined in Section 2-1-104. A “Recognized political party” who fails to meet such requirements shall cease to be a “Recognized political party”.”
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