Tennessee Code Annotated
Tenn. Code Ann. § 2-6-102 (2026)
Early voting applications - Ballots - Time for voting
✓ current as of May 2026
- (a)
- (1) A voter who desires to vote early shall go to the county election commission office or another polling place appropriately designated by the county election commission within the posted hours not more than twenty (20) days nor less than five (5) days before the day of the election. A voter desiring to vote in the early voting period shall sign an application for a ballot.
- (2) The state coordinator shall supply or approve the form of the application for a ballot.
- (b)
- (1) Except as provided in subdivision (b)(2), in the case of a regular or special general election not held in conjunction with the regular August or November general elections, or held in conjunction with the May primary called pursuant to § 2-13-203 or the presidential preference primary, if there is no opposition for any of the offices involved, including any write-in candidate that has filed the appropriate notice pursuant to § 2-7-133(h), there shall not be an early voting period. In the case of a May primary called pursuant to § 2-13-203 or a special primary for state or federal offices, if there is no opposition on either primary ballot for any of the offices involved, including any write-in candidate that has filed the appropriate notice pursuant to § 2-8-113(c), there shall not be an early voting period.
- (2) Subdivision (b)(1) shall not apply to municipal elections held in the largest municipality located in a county having a metropolitan form of government which has a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census.
- (c) Notwithstanding subdivision (a)(1), when a presidential preference primary is held or an election is held at the same time as a presidential preference primary, a voter who desires to vote early for such elections shall go to the county election commission office within the posted hours not more than twenty (20) days nor less than seven (7) days before the day of the election. This subsection (c) shall not apply to voting pursuant to § 2-6-601.
Amended by 2018 Tenn. Acts, ch. 842, Secs.s 3, s 4, s 5 eff. 4/26/2018.
Amended by 2016 Tenn. Acts, ch. 650, s 1, eff. 7/1/2016.
Acts 1972, ch. 740, § 1; T.C.A., § 2-609; Acts 1982, ch. 665, § 2; 1991, ch. 69, § 1; T.C.A., § 2-6-109; Acts 1994, ch. 859, § 2; 2011 , ch. 115, § 1; 2011 , ch. 381, § 1; 2012, ch. 1101, § 5.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1980–2023 · leading case: Tate v. Collins, 496 F. Supp. 205 (W.D. Tenn. 1980).
Tate v. Collins, 496 F. Supp. 205 (W.D. Tenn. 1980). “Section 2-6-102(1) permits absentee vote by personal appearance if the voter is “to be outside the county where he is registered on election day .”
Millar v. Thomas, 657 S.W.2d 750 (Tenn. 1983). “Out of the allegedly illegal 251 absentee votes, plaintiff avers that 167 were illegal because they were unaccompanied by a physician’s statement, which he asserts is a mandatory requirement under T.C.A. § 2-6-102(4). Plaintiff relies on Hillard v.”
Jeffery Lichtenstein v. Tre Hargett, 83 F.4th 575 (6th Cir. 2023). “Tenn. Code Ann. § 2-6-102 (a)(1). But only a subset of voters may vote absentee through the mail.”
Millsaps v. Thompson, 259 F.3d 535 (6th Cir. 2001). “Tenn.Code Ann. § 2-6-102(a)(l) (emphasis added).”
Millsaps v. Thompson, 96 F. Supp. 2d 720 (E.D. Tenn. 2000). “See Tenn.Code Ann. § 2-6-102. The votes of early voters are not immediately counted, but rather are held, along with absentee ballots, until all polling places statewide close on the first Tuesday after the first Monday in November.”
William Thomas McFarland v. Michael S. Pemberton (Tenn. 2017). “§ 2-6-102(a)(1). July 27, 2014: Answer to the lawsuit due (assuming the plaintiff filed suit on the last possible day and the defendant(s) were served with process the same day the suit is filed).”
Hooker v. Burson, 960 F. Supp. 1283 (M.D. Tenn. 1996). “Tenn.Code Ann. § 2-6-102. On July 10, 1996, the Special Tennessee Supreme Court issued an Order clarifying its prior orders regarding the elections for the Court of Criminal Appeals and Court of Appeals.”
— Tenn. Code Ann. § 2-6-102(1) — 1 case
Tate v. Collins, 496 F. Supp. 205 (W.D. Tenn. 1980). “Section 2-6-102(1) permits absentee vote by personal appearance if the voter is “to be outside the county where he is registered on election day .”
— Tenn. Code Ann. § 2-6-102(2) — 1 case
Tate v. Collins, 496 F. Supp. 205 (W.D. Tenn. 1980). “Section 2-6-102(1) permits absentee vote by personal appearance if the voter is “to be outside the county where he is registered on election day .”
— Tenn. Code Ann. § 2-6-102(3) — 1 case
Tate v. Collins, 496 F. Supp. 205 (W.D. Tenn. 1980). “Section 2-6-102(1) permits absentee vote by personal appearance if the voter is “to be outside the county where he is registered on election day .”
— Tenn. Code Ann. § 2-6-102(4) — 2 cases
Millar v. Thomas, 657 S.W.2d 750 (Tenn. 1983). “Out of the allegedly illegal 251 absentee votes, plaintiff avers that 167 were illegal because they were unaccompanied by a physician’s statement, which he asserts is a mandatory requirement under T.C.A. § 2-6-102(4). Plaintiff relies on Hillard v.”
Tate v. Collins, 496 F. Supp. 205 (W.D. Tenn. 1980). “Section 2-6-102(1) permits absentee vote by personal appearance if the voter is “to be outside the county where he is registered on election day .”
— Tenn. Code Ann. § 2-6-102(5) — 1 case
Tate v. Collins, 496 F. Supp. 205 (W.D. Tenn. 1980). “Section 2-6-102(1) permits absentee vote by personal appearance if the voter is “to be outside the county where he is registered on election day .”
— Tenn. Code Ann. § 2-6-102(6) — 2 cases
Millar v. Thomas, 657 S.W.2d 750 (Tenn. 1983). “Out of the allegedly illegal 251 absentee votes, plaintiff avers that 167 were illegal because they were unaccompanied by a physician’s statement, which he asserts is a mandatory requirement under T.C.A. § 2-6-102(4). Plaintiff relies on Hillard v.”
Tate v. Collins, 496 F. Supp. 205 (W.D. Tenn. 1980). “Section 2-6-102(1) permits absentee vote by personal appearance if the voter is “to be outside the county where he is registered on election day .”
— Tenn. Code Ann. § 2-6-102(7) — 1 case
Tate v. Collins, 496 F. Supp. 205 (W.D. Tenn. 1980). “Section 2-6-102(1) permits absentee vote by personal appearance if the voter is “to be outside the county where he is registered on election day .”
— Tenn. Code Ann. § 2-6-102(a)(1) — 2 cases
Millsaps v. Thompson, 96 F. Supp. 2d 720 (E.D. Tenn. 2000). “See Tenn.Code Ann. § 2-6-102. The votes of early voters are not immediately counted, but rather are held, along with absentee ballots, until all polling places statewide close on the first Tuesday after the first Monday in November.”
William Thomas McFarland v. Michael S. Pemberton (Tenn. 2017). “§ 2-6-102(a)(1). July 27, 2014: Answer to the lawsuit due (assuming the plaintiff filed suit on the last possible day and the defendant(s) were served with process the same day the suit is filed).”
— Tenn. Code Ann. § 2-6-102(a)(l) — 1 case
Millsaps v. Thompson, 259 F.3d 535 (6th Cir. 2001). “Tenn.Code Ann. § 2-6-102(a)(l) (emphasis added).”
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