Tennessee Code Annotated
Tenn. Code Ann. § 2-17-112 (2024)
Judgment
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (a) After hearing the case, the court shall give judgment either:
- (1) Confirming the election;
- (2) Declaring the election void;
- (3) Declaring a tie between persons who have the same number of votes if it appears that two (2) or more persons who have the same number of votes have, or would have had if the ballots intended for them and illegally rejected had been received, the highest number of votes for the office; or
- (4) Declaring a person duly elected if it appears that such person received or would have received the highest number of votes had the ballots intended for such person and illegally rejected been received.
- (b) A judgment under subdivision (a)(4) deprives the person whose election is contested of all right or claim to the office and invests the person declared by the judgment duly elected with the right to the office.
Acts 1972, ch. 740, § 1; T.C.A., § 2-1712.
Notes of Decisions
Cited in 12
cases, 1998–2020 · leading case: Lee v. Tuttle, 965 S.W.2d 483 (Tenn. 1998).
Lee v. Tuttle, 965 S.W.2d 483 (Tenn. 1998). “Tenn.Code Ann. § 2-17-112 (1994 Repl.). On appeal to the appellate court, the plaintiffs requested a recount and did not request that the election be declared void.”
Brenda Woods v. Cathy N. Jones, 204 S.W.3d 788 (Tenn. Ct. App. 2006). “On Friday, June 3, 2005, the Plaintiffs filed the instant lawsuit contesting the election, pursuant to Tennessee Code Annotated § 2-17-112. The complaint named Appel-lee Cathy N.”
William Thomas McFarland v. Michael S. Pemberton, No. E2014-02176-SC-R11-CV (Tenn. Sept. 20, 2017). “These statutes authorize a court to enter a judgment in an election contest lawsuit “[d]eclaring the election void,” Tenn. Code Ann. § 2-17-112 (2014), and provide that “[i]f the person whose election is contested is found to have received the highest number of legal votes, 5…”
Kenneth T. Whalum, Jr. v. Shelby Cnty. Election Comm'n - Concurring/Dissenting, No. W2013-02076-COA-R3-CV, 2014 WL 4919601 (Tenn. Ct. App. Sept. 30, 2014). “Whalum, we must look to the remedies available in an election contest under Tenn. Code Ann. § 2-17-112 . -3- (a) After hearing the case the court shall give judgment either: (1) Confirming the election; (2) Declaring the election void; (3) Declaring a tie between persons who…”
William Thomas McFarland v. Michael S. Pemberton, 530 S.W.3d 76 (Tenn. 2017). “These statutes authorize a court to enter a judgment in an election contest lawsuit “[d]e- *116 daring the election void,” Tenn. Code Ann. § 2-17-112 (2014), and provide that “[i]f the person whose election is contested is found to have received the highest number of legal…”
John Willingham v. Shelby Cnty. Election Comm'n, No. W2004-00230-COA-R3-CV (Tenn. Ct. App. Dec. 7, 2004). “Trial Court erred in failing to make appropriate election contest judgment findings pursuant to T.C.A. § 2-17-112. On June 2, 2004, the Commission filed a “Motion Pursuant to Tenn.”
Bill Bivens v. Randy Dwaine White, No. E2014-02251-COA-R3-CV (Tenn. Ct. App. Sept. 16, 2015). “Tenn. Code Ann. § 2-17-112 (a) (emphasis added).”
Steve Fritts v. Anderson Cnty. Election Comm'n, Et, No. E2003-00015-COA-R3-CV, 2003 Tenn. App. LEXIS 564 (Tenn. Ct. App. June 30, 2003). “Tenn. Code Ann. § 2-17-112 provides for remedies in election contests.”
Randy R. Moss, Jr. v. Dan P. Evans, No. E2014-02277-COA-R3-CV (Tenn. Ct. App. July 16, 2015). “” Regarding outcomes, Tenn. Code Ann. § 2-17-112 (2014) provides: (a) After hearing the case, the court shall give judgment either: (1) Confirming the election; (2) Declaring the election void; (3) Declaring a tie between persons who have the same number of votes if it appears…”
Ronald C. Young v. E.T. Stamey, No. E2019-00907-COA-R3-CV, 2020 WL 1452010 (Tenn. Ct. App. Mar. 25, 2020). “The court will make no additional findings regarding the allegation of the Defendants regarding relief requested by the Plaintiff being inconsistent with T.C.A. §2-17-112 and T.C.A. §2-17-113 due to the fact that such a determination is not warranted by this court at this time,…”
Lineberry v. Ashe, No. M1999-00075-COA-R3-CV (Tenn. Ct. App. Jan. 27, 2000). “Tenn.Code Ann. § 2-17-112 (1994 Repl.). Lee v.”
Shoffner v. Tuttle, No. 03S01-9610-CH-00105 (Tenn. Mar. 23, 1998). “§ 2-17-112 (1994 Repl.). On appeal to the appellate court, the plaintiffs requested a recount and did not request that the election be declared void.”
Tenn. Code Ann. § 2-17-112(a)(4): 1 case
Bill Bivens v. Randy Dwaine White, No. E2014-02251-COA-R3-CV (Tenn. Ct. App. Sept. 16, 2015). “Tenn. Code Ann. § 2-17-112 (a) (emphasis added).”
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