Tennessee Code Annotated
Tenn. Code Ann. § 2-13-107 (2026)
Recognition as a minor party
✓ current as of May 2026
- (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 § 2-5-101(a) in the office of the coordinator of elections. Notwithstanding the minimum number of signatures required in § 2-1-104(a)(23), if an organization intends to establish a recognized minor party solely within one (1) county, in all other respects, the petition shall conform to the requirements established therein, except the petition must at a minimum bear the signatures of registered voters within such county equal to at least two and one-half percent (2.5%) of the total number of votes cast within such county for gubernatorial candidates in the most recent election for governor. The petition shall be accompanied by the name and address of the person or the names and addresses of the members of the group or association filing the petition to form the recognized minor political party.
- (2) To be recognized as a minor party for purposes of a general election, a petition as required in § 2-1-104 must be filed in the office of the coordinator of elections no later than twelve o'clock (12:00) noon, prevailing time, ninety (90) days prior to the date on which the general election is to be held. Notwithstanding the minimum number of signatures required in § 2-1-104(a)(23), if an organization intends to establish a recognized minor party solely within one (1) county, in all other respects, the petition shall conform to the requirements established therein, except the petition must at a minimum bear the signatures of registered voters within such county equal to at least two and one-half percent (2.5%) of the total number of votes cast within such county for gubernatorial candidates in the most recent election for governor. The petition shall be accompanied by the name and address of the person or the names and addresses of the members of the group or association filing the petition to form the recognized minor political party.
- (b) Within thirty (30) days after receipt of such petition, the coordinator of elections shall determine the sufficiency of the petition, and if the petition is found sufficient, the minor party shall be recognized with all rights and obligations declared in this section.
- (c) Upon filing the required petition, candidates seeking to represent the minor party in a primary election must file nominating petitions as any other candidate for the desired office no later than twelve o'clock (12:00) noon, prevailing time, on the appropriate qualifying deadline as established in § 2-5-101(a). If the coordinator of elections determines the petition meets the statutory requirements to be declared a recognized minor party, the candidates seeking to represent such minor party shall be placed on the appropriate primary ballot for such minor party. If the coordinator of elections determines the petition fails to meet the statutory requirements to be declared a recognized minor party, the candidates seeking to represent such minor party shall be placed on the appropriate general election ballot as independent candidates.
- (d) The name used by the minor party shall not be or include the name of any statewide political party then in existence or any word forming any part of the name of any statewide political party then in existence, and shall not include the word "independent" or "nonpartisan." The coordinator of elections shall redact any portion of a minor party name that violates this section.
- (e)
- (1) A recognized minor party must satisfy the requirements of § 2-1-114 no later than June 1 after the May primary elections are held pursuant to § 2-13-203(d) in order for its candidates to appear on the regular August general election ballot. If a recognized minor party fails to satisfy the requirements of § 2-1-114 by the required deadline, its candidates shall appear on the regular August general election ballot as independent candidates.
- (2) A recognized minor party must satisfy the requirements of § 2-1-114 no later than September 1 after the primary elections are held pursuant to § 2-13-202 in order for its candidates to appear on the regular November general election ballot. If a recognized minor party fails to satisfy the requirements of § 2-1-114 by the required deadline, its candidates shall appear on the regular November general election ballot as independent candidates.
- (f) If a petition filed pursuant to this section is determined to be sufficient by the coordinator of elections pursuant to subsection (b), such party shall be recognized as a minor party for all remaining primary and general elections in the current election year. However, if the recognized minor party is established solely within one (1) county, at least one (1) candidate for the recognized minor party must have received a number of votes equal to at least five percent (5%) of the total number of votes cast for candidates for the office of county mayor in the most recent election for such office. To maintain recognition beyond the current election year, a minor party must meet the requirements of a statewide political party as defined in § 2-1-104. A recognized minor party who fails to meet such requirements shall cease to be a recognized minor party. Such party may regain recognition only by following the procedures for formation of a recognized minor party. The coordinator of elections shall advise each county election commission of a recognized minor party's failure to receive a sufficient number of votes and shall order that said party cease to be recognized.
- (g) A recognized minor party shall be exempt from the requirements of §§ 2-13-103, 2-13-106 and 2-13-108.
Amended by 2014 Tenn. Acts, ch. 734, Secs.s 1, s 2, s 3 eff. 4/22/2014.
Acts 1972, ch. 740, § 1; 1978, ch. 754, § 12; T.C.A., § 2-1308; Acts 2011 , ch. 257, § 4; 2012 , ch. 955, §§ 1-4.
Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 2012–2025 · 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). “§ 2-13-107(a), (c) and (d) (emphasis added).”
Green Party of Tennessee v. Tre Hargett, 700 F.3d 816 (6th Cir. 2012). “See Tenn. Code Ann. § 2-13-107 (d). Before we can consider the merits of this claim, however, we must determine whether we have jurisdiction to decide the issue.”
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, 791 F.3d 684 (6th Cir. 2015). “See Tenn.Code Ann. § 2-13-107(f). The statewide political party, in contrast, would retain ballot access because, by definition, it received at least 5% of the total votes cast for gubernatorial candidates in the most recent gubernatorial election.”
Green Party of Tennessee v. Hargett, 7 F. Supp. 3d 772 (M.D. Tenn. 2014). “After one election, this Tennessee statute, alone and in combination with Tenn. Code Ann. § 2-13-107 (f), produces the effect that Plaintiffs are “foreclosed” within the meaning of Norman and Timmons , from ballot access to “develop” their parties and their candidates.”
Green Party of Tennessee v. Tre Hargett, 493 F. App'x 686 (6th Cir. 2012). “at § 1 (amending Tenn.Code Ann. § 2-13-107(a)). The party’s candidates are freed from this petition process altogether.”
Darnell v. Hargett, No. 3:23-cv-01266 (M.D. Tenn. Aug. 23, 2024). “§ 2-13-107 (a)(2)). For nearly six years starting in 2011, two small political parties—the Green Party of Tennessee and Constitution Party of Tennessee—litigated the constitutionality of Tennessee’s minor party ballot rules, with a focus on the petition requirement and its…”
Christopher Darnell v. Tre Hargett, No. 24-5856 (6th Cir. May 1, 2025). “Tenn. Code Ann. § 2-13-107 (a)(2) (2025).”
Tenn. Code Ann. § 2-13-107(a): 4 cases
Green Party of Tennessee v. Tre Hargett, 700 F.3d 816 (6th Cir. 2012). “See Tenn. Code Ann. § 2-13-107 (d). Before we can consider the merits of this claim, however, we must determine whether we have jurisdiction to decide the issue.”
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, 882 F. Supp. 2d 959 (M.D. Tenn. 2012). “§ 2-13-107(a), (c) and (d) (emphasis added).”
Green Party of Tennessee v. Tre Hargett, 493 F. App'x 686 (6th Cir. 2012). “at § 1 (amending Tenn.Code Ann. § 2-13-107(a)). The party’s candidates are freed from this petition process altogether.”
Tenn. Code Ann. § 2-13-107(a)(1): 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. § 2-13-107(a)(2): 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. § 2-13-107(a)(l): 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. § 2-13-107(c): 2 cases
Green Party of Tennessee v. Tre Hargett, 700 F.3d 816 (6th Cir. 2012). “See Tenn. Code Ann. § 2-13-107 (d). Before we can consider the merits of this claim, however, we must determine whether we have jurisdiction to decide the issue.”
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. § 2-13-107(d): 2 cases
Green Party of Tennessee v. Hargett, 882 F. Supp. 2d 959 (M.D. Tenn. 2012). “§ 2-13-107(a), (c) and (d) (emphasis added).”
Green Party of Tennessee v. Tre Hargett, 700 F.3d 816 (6th Cir. 2012). “See Tenn. Code Ann. § 2-13-107 (d). Before we can consider the merits of this claim, however, we must determine whether we have jurisdiction to decide the issue.”
Tenn. Code Ann. § 2-13-107(f): 2 cases
Green Party of Tennessee v. Tre Hargett, 791 F.3d 684 (6th Cir. 2015). “See Tenn.Code Ann. § 2-13-107(f). The statewide political party, in contrast, would retain ballot access because, by definition, it received at least 5% of the total votes cast for gubernatorial candidates in the most recent gubernatorial election.”
Green Party of Tennessee v. Hargett, 7 F. Supp. 3d 772 (M.D. Tenn. 2014). “After one election, this Tennessee statute, alone and in combination with Tenn. Code Ann. § 2-13-107 (f), produces the effect that Plaintiffs are “foreclosed” within the meaning of Norman and Timmons , from ballot access to “develop” their parties and their candidates.”
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