Tennessee Code Annotated
Tenn. Code Ann. § 2-12-103 (2026)
Political division of commission
✓ current as of May 2026
- (a) Three (3) members shall be members of the majority party and two (2) members shall be members of the minority party.
- (b)
- (1) The members of the majority party on the state election commission shall appoint the persons who are required to be members of that party on county election commissions.
- (2) The members of the minority party on the state election commission shall appoint the persons who are required to be members of that party on county election commissions. The chair of the county election commission shall be a member of the majority party, and the secretary shall be a member of a minority party.
- (3) When members of another statewide political party are required to be appointed to a county election commission, they shall be nominated by the party's state primary board.
- (4) Before appointing county election commissioners, the members of the state election commission shall consult with the members of the general assembly serving each of the counties as to the persons to be appointed to the county election commissions.
Amended by 2016 Tenn. Acts, ch. 1069,s 1, eff. 7/1/2016.
Acts 1972, ch. 740, § 1; 1977, ch. 26, § 1; T.C.A., § 2-1203.
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 2015–2026 · leading case: Lisa Peterson v. James Dean, 777 F.3d 334 (6th Cir. 2015).
Lisa Peterson v. James Dean, 777 F.3d 334 (6th Cir. 2015). “Tenn. Code Ann. § 2-12-103 (a). If the majority opinion is to be believed, the commissioners representing the minority in fact have no discretionary authority at all, because “complete practical control” has been granted to commissioners from the majority party.”
Randall L. Rice v. The Tennessee Democratic Exec. Comm. (Tenn. Ct. App. 2026). “§ 2-17-104 (2014) (candidates shall file any written notice contesting the results of a primary election with the state primary board for their party and the state primary board shall hear and determine the contest); Tenn. Code Ann. § 2-12-103 (b)(3) (2014 & Supp.”
William Thomas McFarland v. Michael S. Pemberton (Tenn. 2017). “§ 2-12-103(b). Persons appointed to a county election commission must be registered voters who have been residents of Tennessee for five years and residents of the county for which they are appointed for two years.”
Robert Starbuck Newsom a/k/a Robby Starbuck v. Tennessee Repub. Party (2022). “§ 2-17-104 (2014) (candidates shall file any written notice contesting the results of a primary election with the state primary board for their party and the state primary board shall hear and determine the contest); Tenn. Code Ann. § 2-12-103 (b)(3) (2014 & Supp.”
— Tenn. Code Ann. § 2-12-103(a) — 1 case
Lisa Peterson v. James Dean, 777 F.3d 334 (6th Cir. 2015). “Tenn. Code Ann. § 2-12-103 (a). If the majority opinion is to be believed, the commissioners representing the minority in fact have no discretionary authority at all, because “complete practical control” has been granted to commissioners from the majority party.”
— Tenn. Code Ann. § 2-12-103(b) — 1 case
William Thomas McFarland v. Michael S. Pemberton (Tenn. 2017). “§ 2-12-103(b). Persons appointed to a county election commission must be registered voters who have been residents of Tennessee for five years and residents of the county for which they are appointed for two years.”
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