Tennessee Code Annotated

Tenn. Code Ann. § 2-5-101 (2026)

Time for filing - Required signatures - Failure to file - Filing office hours - Prohibited acts - Death or late withdrawal of candidates

✓ current as of May 2026
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Amended by 2024 Tenn. Acts, ch. 822,s 4, eff. 11/6/2024.

Amended by 2024 Tenn. Acts, ch. 822,s 3, eff. 11/6/2024.

Amended by 2024 Tenn. Acts, ch. 822,s 2, eff. 11/6/2024.

Amended by 2024 Tenn. Acts, ch. 822,s 1, eff. 11/6/2024.

Amended by 2022 Tenn. Acts, ch. 925, s 1, eff. 4/28/2022.

Amended by 2020 Tenn. Acts, ch. 713, s 1, eff. 6/22/2020.

Amended by 2016 Tenn. Acts, ch. 604, s 2, eff. 7/1/2016.

Amended by 2015 Tenn. Acts, ch. 508, s 2, eff. 7/1/2015.

Acts 1972, ch. 740, § 1; 1973, ch. 106, §§ 1, 2; 1973, ch. 160, § 1; 1974, ch. 660, § 1; 1974, ch. 731, § 1; 1975, ch. 26, § 1; 1975, ch. 83, § 1; 1977, ch. 47, § 1; 1978, ch. 940, § 1; 1979, ch. 115, § 1; 1979, ch. 136, § 1; 1979, ch. 306, § 15; T.C.A., §§ 2-505, 2-511(c); Acts 1981, ch. 382, § 1; 1981, ch. 385, § 3; 1981, ch. 478, §§ 12, 13; 1982, ch. 871, §§ 4, 5; 1982, ch. 894, § 1; 1983, ch. 266, § 1; 1985, ch. 81, § 1; 1986, ch. 562, § 20; 1988, ch. 516, § 1; 1988, ch. 933, §§ 5, 6, 13; 1989, ch. 128, §§ 1, 3; 1989, ch. 247, § 1; 1989, ch. 590, §§ 7-9; 1990, ch. 628, § 3; 1991, ch. 153, §§ 1-6; 1991, ch. 373, § 3; 1991, ch. 414, §§ 1, 2; 1994, ch. 771, §§ 1-3; 1995, ch. 87, §§ 1, 2; 1999, ch. 6, §§ 1, 2; 1999, ch. 208, §§ 1, 2; 2000, ch. 756, § 8; 2001, ch. 199, §§ 1, 2; 2003 , ch. 374, § 13; 2004, ch. 480, § 4; 2008 , ch. 618, § 1; 2011 , ch. 182, §§ 1, 2; 2012 , ch. 955, § 9.


Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 1980–2024 · leading case: Crowe v. Ferguson, 814 S.W.2d 721 (Tenn. 1991).
Crowe v. Ferguson, 814 S.W.2d 721 (Tenn. 1991). · cites it 44× “The issues in this appeal are (1) whether the trial court was correct in determining that T.C.A. § 2-5-101(f) did not prohibit defendants Ferguson and Tune from appearing as candidates for County Commissioner in the August 1990 election and (2) whether Tune was prohibited from…”
Green Party of Tennessee v. Hargett, 882 F. Supp. 2d 959 (M.D. Tenn. 2012). · cites it 11× “See Tenn.Code Ann. § 2-5-101, as amended by Public Acts ch.”
Green Party v. Hargett, 953 F. Supp. 2d 816 (M.D. Tenn. 2013). · cites it 9× “For state elections, Tennessee statutes set a deadline of the first Thursday in April for nominating petitions for independent candidates in a November election, Tenn. Code Ann. § 2-5-101 (a)(l), and the third Thursday in February for independent or primary candidates for an…”
State Ex Rel. Hooker v. Thompson, 249 S.W.3d 331 (Tenn. 1996). · cites it 4× “The deadline for filing nominating petitions for this election was 12:00 noon on May 16, 1996, in accordance with T.C.A. § 2-5-101. J. PROCEDURAL BACKGROUND Prior to the filing deadline, both appellants sought to obtain a nominating petition from Appellee Brook K.”
Libertarian Party of Tennessee v. Goins, 793 F. Supp. 2d 1064 (M.D. Tenn. 2010). · cites it 2× “Tenn.Code Ann. § 2-5-101(b)(l). 3. Plaintiffs’ Party Recognition and Election Ballot Experiences a.”
Cromer v. South Carolina, 917 F.2d 819 (4th Cir. 1990). · cites it 2× “1989); Tenn.Code Ann. §§ 2-5-101(a)(l), 2-13-202 (1985 & Supp.”
Millsaps v. Thompson, 259 F.3d 535 (6th Cir. 2001). “, Tenn.Code Ann. § 2-5-101 (calculating deadlines for qualifying for placement of a candidate’s name on the ballot by reference to federal election day); § 2 — 6—102(a)(1) (allowing early voters to cast ballots “before the day of the election”).”
William Thomas McFarland v. Michael S. Pemberton (Tenn. 2017). · cites it 9× “See Tenn. Code Ann. § 2-5-101 (g)(1)(E) (2014) (describing the process for replacing a candidate who “[i]s declared ineligible or disqualified by a court or disqualified by the political party executive committee under § 2-5-204” after the qualifying deadline (emphasis added));…”
Tennessee Democratic Party v. Hamilton Cnty. Election Comm'n Mark Goins In His Off. Capacity As State Election Coordinator & Robin Smith (Tenn. Ct. App. 2020). · cites it 8× “2 Tennessee Code Annotated section 2-5-101 provides: (g)(1) If a candidate in a primary election or nonpartisan general election, after the qualifying deadline: (A) Dies; (B) Withdraws because of military call up; (C) Withdraws because of physical or mental disability, such…”
Akilah Moore v. William Lee (Tenn. 2022). · cites it 6× “Tenn. Code Ann. § 2-5-101 (a)(1). An extension of that statutory deadline—to which other deadlines are tied—of nearly a month to May 5, 2022, imposes a significant delay on the election process in this state, as reflected by the submitted affidavits.”
W. Allen Barrett v. Giles Cnty. (Tenn. Ct. App. 2011). · cites it 6× “See Tenn. Code Ann. § 2-5-101 (b)(1). The petition was stamped filed at 8:50 a.”
William Thomas McFarland v. Michael S. Pemberton, 530 S.W.3d 76 (2017). “See Tenn. Code Ann. § 2-5-101 (g)(1)(E) (2014) (describing the process for replacing a candidate who “[i]s declared ineligible or disqualified by a court or disqualified by the political party executive committee under § 2-5-204” after the qualifying deadline (emphasis added));…”
— Tenn. Code Ann. § 2-5-101(a) — 3 cases
Green Party v. Hargett, 953 F. Supp. 2d 816 (M.D. Tenn. 2013). “For state elections, Tennessee statutes set a deadline of the first Thursday in April for nominating petitions for independent candidates in a November election, Tenn. Code Ann. § 2-5-101 (a)(l), and the third Thursday in February for independent or primary candidates for an…”
Green Party of Tennessee v. Hargett, 882 F. Supp. 2d 959 (M.D. Tenn. 2012). “See Tenn.Code Ann. § 2-5-101, as amended by Public Acts ch.”
William Thomas McFarland v. Michael S. Pemberton (Tenn. 2017). “See Tenn. Code Ann. § 2-5-101 (g)(1)(E) (2014) (describing the process for replacing a candidate who “[i]s declared ineligible or disqualified by a court or disqualified by the political party executive committee under § 2-5-204” after the qualifying deadline (emphasis added));…”
— Tenn. Code Ann. § 2-5-101(a)(1) — 2 cases
Green Party of Tennessee v. Hargett, 882 F. Supp. 2d 959 (M.D. Tenn. 2012). “See Tenn.Code Ann. § 2-5-101, as amended by Public Acts ch.”
Akilah Moore v. William Lee (Tenn. 2022). “Tenn. Code Ann. § 2-5-101 (a)(1). An extension of that statutory deadline—to which other deadlines are tied—of nearly a month to May 5, 2022, imposes a significant delay on the election process in this state, as reflected by the submitted affidavits.”
— Tenn. Code Ann. § 2-5-101(a)(2) — 2 cases
State Ex Rel. Hooker v. Thompson, 249 S.W.3d 331 (Tenn. 1996). “The deadline for filing nominating petitions for this election was 12:00 noon on May 16, 1996, in accordance with T.C.A. § 2-5-101. J. PROCEDURAL BACKGROUND Prior to the filing deadline, both appellants sought to obtain a nominating petition from Appellee Brook K.”
Green Party v. Hargett, 953 F. Supp. 2d 816 (M.D. Tenn. 2013). “For state elections, Tennessee statutes set a deadline of the first Thursday in April for nominating petitions for independent candidates in a November election, Tenn. Code Ann. § 2-5-101 (a)(l), and the third Thursday in February for independent or primary candidates for an…”
— Tenn. Code Ann. § 2-5-101(a)(l) — 3 cases
Green Party of Tennessee v. Hargett, 882 F. Supp. 2d 959 (M.D. Tenn. 2012). “See Tenn.Code Ann. § 2-5-101, as amended by Public Acts ch.”
Green Party v. Hargett, 953 F. Supp. 2d 816 (M.D. Tenn. 2013). “For state elections, Tennessee statutes set a deadline of the first Thursday in April for nominating petitions for independent candidates in a November election, Tenn. Code Ann. § 2-5-101 (a)(l), and the third Thursday in February for independent or primary candidates for an…”
Cromer v. South Carolina, 917 F.2d 819 (4th Cir. 1990). “1989); Tenn.Code Ann. §§ 2-5-101(a)(l), 2-13-202 (1985 & Supp.”
— Tenn. Code Ann. § 2-5-101(b)(l) — 2 cases
Green Party of Tennessee v. Hargett, 882 F. Supp. 2d 959 (M.D. Tenn. 2012). “See Tenn.Code Ann. § 2-5-101, as amended by Public Acts ch.”
Libertarian Party of Tennessee v. Goins, 793 F. Supp. 2d 1064 (M.D. Tenn. 2010). “Tenn.Code Ann. § 2-5-101(b)(l). 3. Plaintiffs’ Party Recognition and Election Ballot Experiences a.”
— Tenn. Code Ann. § 2-5-101(e) — 1 case
— Tenn. Code Ann. § 2-5-101(f) — 2 cases
Crowe v. Ferguson, 814 S.W.2d 721 (Tenn. 1991). “The issues in this appeal are (1) whether the trial court was correct in determining that T.C.A. § 2-5-101(f) did not prohibit defendants Ferguson and Tune from appearing as candidates for County Commissioner in the August 1990 election and (2) whether Tune was prohibited from…”
William Thomas McFarland v. Michael S. Pemberton (Tenn. 2017). “See Tenn. Code Ann. § 2-5-101 (g)(1)(E) (2014) (describing the process for replacing a candidate who “[i]s declared ineligible or disqualified by a court or disqualified by the political party executive committee under § 2-5-204” after the qualifying deadline (emphasis added));…”
— Tenn. Code Ann. § 2-5-101(f)(2) — 1 case
Crowe v. Ferguson, 814 S.W.2d 721 (Tenn. 1991). “The issues in this appeal are (1) whether the trial court was correct in determining that T.C.A. § 2-5-101(f) did not prohibit defendants Ferguson and Tune from appearing as candidates for County Commissioner in the August 1990 election and (2) whether Tune was prohibited from…”
— Tenn. Code Ann. § 2-5-101(f)(3) — 1 case
Crowe v. Ferguson, 814 S.W.2d 721 (Tenn. 1991). “The issues in this appeal are (1) whether the trial court was correct in determining that T.C.A. § 2-5-101(f) did not prohibit defendants Ferguson and Tune from appearing as candidates for County Commissioner in the August 1990 election and (2) whether Tune was prohibited from…”
— Tenn. Code Ann. § 2-5-101(f)(4) — 1 case
Crowe v. Ferguson, 814 S.W.2d 721 (Tenn. 1991). “The issues in this appeal are (1) whether the trial court was correct in determining that T.C.A. § 2-5-101(f) did not prohibit defendants Ferguson and Tune from appearing as candidates for County Commissioner in the August 1990 election and (2) whether Tune was prohibited from…”
— Tenn. Code Ann. § 2-5-101(g) — 1 case
Crowe v. Ferguson, 814 S.W.2d 721 (Tenn. 1991). “The issues in this appeal are (1) whether the trial court was correct in determining that T.C.A. § 2-5-101(f) did not prohibit defendants Ferguson and Tune from appearing as candidates for County Commissioner in the August 1990 election and (2) whether Tune was prohibited from…”
— Tenn. Code Ann. § 2-5-101(g)(1) — 1 case
Tennessee Democratic Party v. Hamilton Cnty. Election Comm'n Mark Goins In His Off. Capacity As State Election Coordinator & Robin Smith (Tenn. Ct. App. 2020). “2 Tennessee Code Annotated section 2-5-101 provides: (g)(1) If a candidate in a primary election or nonpartisan general election, after the qualifying deadline: (A) Dies; (B) Withdraws because of military call up; (C) Withdraws because of physical or mental disability, such…”
— Tenn. Code Ann. § 2-5-101(g)(1)(E) — 1 case
William Thomas McFarland v. Michael S. Pemberton (Tenn. 2017). “See Tenn. Code Ann. § 2-5-101 (g)(1)(E) (2014) (describing the process for replacing a candidate who “[i]s declared ineligible or disqualified by a court or disqualified by the political party executive committee under § 2-5-204” after the qualifying deadline (emphasis added));…”
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