(a) Any court, primary board, legislative body, or tribunal having jurisdiction of an election contest pursuant to this chapter may order a recount of the ballots under any of the following circumstances:

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Terms Used In Tennessee Code 2-17-117

  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(1) A tie vote;
(2) An indication of fraud if the number of votes affected would be sufficient to change the result of the election;
(3) A malfunction of a voting machine or tabulator if the number of votes affected would be sufficient to change the result of the election; or
(4) In any other instance the court or body with jurisdiction of a contested election finds that a recount is warranted.
(b) A recount ordered pursuant to this section must be a complete recount of all ballots cast in such election and include the verification of any address of residence changed by a voter under § 2-7-140 in such election.
(c) The court or body with jurisdiction of a contested election shall determine if the recount shall be conducted by hand or with automated tabulators.
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