Tennessee Code Annotated

Tenn. Code Ann. § 2-17-113 (2026)

Election declared void

✓ current as of May 2026
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If the person whose election is contested is found to have received the highest number of legal votes, but the election is declared null by reason of constitutional disqualifications on that person's part or for other causes, the election shall be declared void.

Acts 1972, ch. 740, § 1; T.C.A., § 2-1713.


Notes of Decisions
Cited in 7 cases, 1991–2020 · leading case: Brackin v. Sumner Cnty. ex rel. Sumner Cnty. Bd. of Cnty. Commissioners, 814 S.W.2d 57 (Tenn. 1991).
Brackin v. Sumner Cnty. ex rel. Sumner Cnty. Bd. of Cnty. Commissioners, 814 S.W.2d 57 (Tenn. 1991). · cites it 2× “The statute in question in Lewis contained a provision markedly similar to that set forth in T.C.A. § 2-17-113. See Hatcher v. Bell, 521 S.”
Bill Bivens v. Randy Dwaine White (Tenn. Ct. App. 2015). · cites it 10× “Relying upon section 2-17-113, the trial court declared the election void.”
William Thomas McFarland v. Michael S. Pemberton (Tenn. 2017). · cites it 5× “Tennessee Code Annotated section 2-17-113 allows Mr. McFarland to wait until the votes are counted to decide whether to contest the election.”
Randy R. Moss, Jr. v. Dan P. Evans (Tenn. Ct. App. 2015). · cites it 6× “Tenn. Code Ann. § 2-17-113 (2014) states: “If the person whose election is contested is found to have received the highest number of legal votes, but the election is declared null by reason of constitutional disqualifications on that person‟s part or for other causes, the…”
William Thomas McFarland v. Michael S. Pemberton (Tenn. 2017). · cites it 3× “See Tenn. Code Ann. § 2-17-113 (2014) (“If the person whose election is contested is found to have received the highest number of legal votes, but the election is declared null by reason of constitutional disqualifications on that person’s part or for other causes, the election…”
William Thomas McFarland v. Michael S. Pemberton, 530 S.W.3d 76 (2017). “See Tenn. Code Ann. § 2-17-113 (2014) (“If the person whose election is contested is found to have received the highest number of legal votes, but the election is declared null by reason of constitutional disqualifications on that person’s part or for other causes, the election…”
Ronald C. Young v. E.T. Stamey (2020). “§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, having previously found under separate order dated May 6th 2019, that the Plaintiff is not entitled to relief upon granting the Defendant, E.”
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