Terms Used In Tennessee Code > Title 2 > Chapter 4 - Election Officials

• Adult: means a person who has attained eighteen (18) years of age. See Tennessee Code 7-51-1401
• Adult bookstore: means a business that offers, as its principal or predominate stock or trade, sexually oriented material, devices, or paraphernalia, whether determined by the total number of sexually oriented materials, devices or paraphernalia offered for sale or by the retail value of such materials, devices or paraphernalia, specified sexual activities, or any combination or form thereof, whether printed, filmed, recorded or live, and that restricts or purports to restrict admission to adults or to any class of adults. See Tennessee Code 7-51-1102
• Adult cabaret: includes a commercial establishment that features entertainment of an erotic nature, including exotic dancers, strippers, male or female impersonators, or similar entertainers. See Tennessee Code 7-51-1102
• Adult cabaret: means a cabaret that features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers. See Tennessee Code 7-51-1401
• Adult entertainment: means any exhibition of any adult-oriented motion picture, live performance, display or dance of any type, that has as a principal or predominant theme, emphasis, or portion of such performance, any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomime, modeling, or any other personal service offered customers. See Tennessee Code 7-51-1102
• Adult motion picture theater: means an enclosed building with a capacity of fifty (50) or more persons regularly used for presenting material having as a dominant theme or presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined in this section, for observation by patrons in the building. See Tennessee Code 7-51-1102
• Adult-oriented establishment: includes , but is not limited to, an adult bookstore, adult motion picture theater, adult mini-motion picture establishment, adult cabaret, escort agency, sexual encounter center, massage parlor, rap parlor, sauna. See Tennessee Code 7-51-1102
• Adult-oriented establishment: includes , but is not limited to:
  (A) "Adult book stores" means any corporation, partnership or business of any kind that has as its principal or predominant stock or trade, books, magazines or other periodicals and that offers, sells, provides or rents for a fee:

  (i) Is available for viewing by patrons on the premises by means of the operation of movie machines or slide projectors. See Tennessee Code 7-51-1401
• Agriculture: means :
  (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Auxiliary container: means a bag, cup, bottle, can, device, eating or drinking utensil or tool, or other packaging, whether reusable or single use, which is:
  (A) Made of cloth, paper, plastic, including foamed or expanded plastic, cardboard, corrugated material, aluminum, glass, post-consumer recycled material, or similar material or substrates, including coated, laminated, or multilayer substrates. See Tennessee Code 7-51-2001
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bestiality: means sexual activity, actual or simulated, between a human being and an animal. See Tennessee Code 7-51-1401
• Blighted: has the meaning ascribed to that term in title 13, chapters 20 and 21. See Tennessee Code 7-51-1902
• Board: means the mayor and the aldermen. See Tennessee Code 6-1-101
• Board: means the adult-oriented establishment board, or, if there is in existence in the county a massage registration board appointed by the county mayor, such board may be substituted for the board. See Tennessee Code 7-51-1102
• Capital improvement property: means any real or tangible property needed for a governmental purpose and having a useful life of one (1) year or more, and any real or tangible personal property with respect to which capital outlay notes can be legally authorized and issued by a municipality. See Tennessee Code 7-51-901
• City: means any city or territory to be incorporated that may adopt chapters 30-36 of this title. See Tennessee Code 6-30-102
• Clean energy: means energy that is derived from a source known to produce significantly lower carbon emissions than traditional fossil fuels. See Tennessee Code 7-51-2401
• Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
• Commission: means the Tennessee commission for the United States semiquincentennial commission. See Tennessee Code 4-44-102
• Commission: means the state procurement commission, which replaces the board of standards within former title 12, chapter 3, part 4. See Tennessee Code 4-56-101
• Committee: means the state protest committee, which replaces the board of standards protest authority within former §. See Tennessee Code 4-56-101
• Contract: A legal written agreement that becomes binding when signed.
• Contracting party: means any party to a contract, lease or lease-purchase agreement other than a municipality, and can include individuals, corporations, partnerships, other government agencies, and other business entities. See Tennessee Code 7-51-901
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Council: means the advisory council on state procurement. See Tennessee Code 4-56-101
• County: as used in this part , means either a Class A county or a Class B county as classified in §. See Tennessee Code 7-51-1102
• County executive: means and includes "county mayor" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
• County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Distributor: means a party engaged in moving energy commodities, industrial materials, or their derivatives, including the transport and delivery to a retailer or customer. See Tennessee Code 7-51-2201
• Drone: means a powered, aerial vehicle that:
  (A) Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the aircraft. See Tennessee Code 4-56-101
• Employee: means a person who performs any service on the premises of an adult-oriented establishment on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise, and whether or not such person is paid a salary, wage, or other compensation by the operator of such business. See Tennessee Code 7-51-1102
• Energy: means a resource that is marketed, or that has the potential to be marketed, as a commodity because of the resource's value as a source of power or fuel. See Tennessee Code 7-51-2201
• Energy infrastructure: means the systems or assets, including storage tanks, pipelines, gas transmission lines, or related equipment, that are necessary to produce, generate, transmit, or distribute natural gas, liquefied petroleum, liquid petroleum, and other similar forms of energy to a wholesaler, retailer, distributor, or customer. See Tennessee Code 7-51-2201
• Entertainer: means any person who provides entertainment within an "adult-oriented establishment" as defined in this section, whether or not a fee is charged or accepted for entertainment and whether or not entertainment is provided as an employee, escort or an independent contractor. See Tennessee Code 7-51-1102
• Entertainer: means a person who provides:
  (A) Entertainment within an adult-oriented establishment, regardless of whether a fee is charged or accepted for entertainment and regardless of whether entertainment is provided as an employee, escort as defined in §. See Tennessee Code 7-51-1401
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escort: means a person who, for monetary consideration in the form of a fee, commission, salary or tip, dates, socializes, visits, consorts with, accompanies, or offers to date, socialize, visit, consort or accompany to social affairs, entertainment or places of amusement or within any place of public resort or within any private quarters of a place of public resort. See Tennessee Code 7-51-1102
• Escort service: means a "person" as defined in this section, who, for a fee, commission, profit, payment or other monetary consideration, furnishes or offers to furnish escorts or provides or offers to introduce patrons to escorts. See Tennessee Code 7-51-1102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Family recreation center: means any facility, which is oriented principally toward meeting the athletic or recreational needs of families and whose targeted customer is a minor child, including, but not limited to, the provision of one (1) or more of the following:
  (A) Ice skating. See Tennessee Code 7-51-1401
• Firearms accessories: means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including, but not limited to, telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers and lights for target illumination. See Tennessee Code 4-54-103
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Generic and insignificant parts: includes , but is not limited to, springs, screws, nuts and pins. See Tennessee Code 4-54-103
• Goods: means all property, including, but not limited to, supplies, equipment, materials, printing, and insurance. See Tennessee Code 4-56-101
• Governing body: means the board or body in which the general legislative powers of the municipality are vested. See Tennessee Code 7-51-901
• governmental entity: means any political subdivision of the state of Tennessee and any municipality, metropolitan government, county or airport authority. See Tennessee Code 7-51-1002
• Grant: means any grant awarded to the state or awarded by the state for the furnishing by the state of assistance, whether financial or otherwise, to any person to support a program authorized by law. See Tennessee Code 4-56-101
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Industrial infrastructure: means the systems or assets, including storage tanks, pipelines, or related equipment, that are necessary to produce, transmit, or distribute industrial materials to a wholesaler, retailer, distributor, or customer. See Tennessee Code 7-51-2201
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local action: means an ordinance, resolution, regulation, code, requirement, policy, or other action or omission taken, enacted, adopted, or otherwise imposed by a political subdivision of this state. See Tennessee Code 7-51-2201
• Local government: means a municipality, county or county having a metropolitan form of government. See Tennessee Code 7-51-1902
• Local government: means a county, municipality, or county with a metropolitan form of government. See Tennessee Code 7-51-2001
• Manufactured: means creating a firearm, a firearm accessory or ammunition from basic materials for functional usefulness, including, but not limited to, forging, casting, machining or other processes for working materials. See Tennessee Code 4-54-103
• Masochism: means sexual gratification achieved by a person through, or the association of sexual activity with, submission or subjection to physical pain, suffering, humiliation, torture or death. See Tennessee Code 7-51-1401
• Massage parlor: means an establishment or place primarily in the business of providing massage or tanning services where one (1) or more of the employees exposes to public view of the patrons within such establishment, at any time, the bare female breast below a point immediately above the top of the areola, human genitals, pubic region, or buttocks, even if partially covered by opaque material or completely covered by translucent material. See Tennessee Code 7-51-1102
• Metropolitan government: means the political entity created by consolidation of all, or substantially all, of the political and corporate functions of a county and a city or cities. See Tennessee Code 7-1-101
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Month: means a calendar month. See Tennessee Code 1-3-105
• Municipality: means any county or incorporated city or town of the state of Tennessee. See Tennessee Code 7-51-901
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Notice: means , when required by this part, placing the document in the United States mail with sufficient first-class postage to carry it to its destination to the address of the person being notified as contained in their application, unless such person has notified the board in writing of such person's new address. See Tennessee Code 7-51-1102
• Notice of meeting: means the notice of meeting referred to in this part. See Tennessee Code 7-51-901
• Oath: A promise to tell the truth.
• Oath: includes affirmation. See Tennessee Code 1-3-105
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Officer: means the mayor, aldermen, city attorney and city judge. See Tennessee Code 6-1-101
• Open office: means an office at the escort service from which the escort business is transacted and that is open to patrons or prospective patrons during all hours during which escorts are working, which is managed or operated by an employee, officer, director or owner of the escort service having authority to bind the service to escort and patron contracts and adjust patron and consumer complaints. See Tennessee Code 7-51-1102
• Operator: means any person, partnership, or corporation operating, conducting or maintaining an adult-oriented establishment. See Tennessee Code 7-51-1102
• Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, partnership, limited partnership, firm, corporation or association. See Tennessee Code 7-51-1102
• Person: means an individual, partnership, limited partnership, firm, corporation or association. See Tennessee Code 7-51-1401
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
• Policy: means an ordinance, resolution, regulation, code, or any other requirement imposed by a political subdivision of this state. See Tennessee Code 7-51-2101
• Political subdivision: means a municipality. See Tennessee Code 7-51-2101
• Political subdivision: means a municipality. See Tennessee Code 7-51-2201
• Political subdivision: means this state or a municipality, public corporation, body politic, authority, district, metropolitan government, county, agency, department, or board of one (1) or more of the entities listed. See Tennessee Code 7-51-2401
• Procurement: means buying, purchasing, renting, leasing, or otherwise acquiring any goods or services. See Tennessee Code 4-56-101
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Proposer: includes a "bidder" or "proposer" that is a legal entity that has properly registered as required by the state. See Tennessee Code 4-56-101
• Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
• Public utility: means :
  (A) An entity subject to the jurisdiction of the water and wastewater financing board, or a successor board, in accordance with §. See Tennessee Code 7-51-2401
• Quorum: The number of legislators that must be present to do business.
• Rap parlor: means an establishment or place primarily in the business of providing nonprofessional conversation or similar service for adults. See Tennessee Code 7-51-1102
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
• Renewable energy: means energy that is derived from a source that is naturally replenishing or that is virtually inexhaustible on a human timescale. See Tennessee Code 7-51-2401
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
• Resolution: means any resolution duly adopted by a governing body pursuant to this part. See Tennessee Code 7-51-901
• Retailer: means a party who markets or sells energy or industrial materials to a customer. See Tennessee Code 7-51-2201
• Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
• Sadism: means sexual gratification achieved through, or the association of sexual activity with, the infliction of physical pain, suffering, humiliation, torture or death upon another person or animal. See Tennessee Code 7-51-1401
• SAME program: means the state as a model employer program established pursuant to this chapter. See Tennessee Code 4-46-101
• Sauna: means an establishment or place primarily in the business of providing:
  (A) A steam bath. See Tennessee Code 7-51-1102
• Service of process: The service of writs or summonses to the appropriate party.
• Services: means all services and agreements obligating the state, except services for highway and road improvements, which are governed by title 54, and designer and construction services, which are governed under chapter 15 of this title. See Tennessee Code 4-56-101
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105
• Sexual conduct: means the engaging in or the commission of an act of sexual intercourse, oral-genital contact, or the touching of the sexual organs, pubic region, buttocks or female breast of a person for the purpose of arousing or gratifying the sexual desire of another person. See Tennessee Code 7-51-1102
• Sexual encounter center: means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
  (A) Physical contact in the form of wrestling or tumbling between persons of the opposite sex. See Tennessee Code 7-51-1102
• Sexual gratification: means sexual conduct as defined in this section. See Tennessee Code 7-51-1102
• Sexual stimulation: means to excite or arouse the prurient interest or to offer or solicit acts of sexual conduct as defined in this section. See Tennessee Code 7-51-1102
• Sexually-oriented escort: is a n escort that:
  (A) Employs as an employee, agent, or independent contractor an escort bureau runner. See Tennessee Code 7-51-1102
• Sexually-oriented material: means any book, article, magazine, publication or written matter of any kind, drawing, etching, painting, photograph, motion picture film or sound recording that depicts sexual activity, actual or simulated, involving human beings or human beings and animals, that exhibits uncovered human genitals or pubic region in a lewd or lascivious manner, or that exhibits human male genitals in a discernibly turgid state, even if completely covered. See Tennessee Code 7-51-1401
• signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
• Specified anatomical areas: means :
  (A) Less than completely and opaquely covered:

  (i) Human genitals. See Tennessee Code 7-51-1102
• Specified sexual activities: means :
  (A) Human genitals in a state of sexual stimulation or arousal. See Tennessee Code 7-51-1102
• Specified sexual activities: means activities, services or performances that include the following sexual activities or the exhibition of the following anatomical areas:
  (A) Human genitals in a state of sexual stimulation or arousal. See Tennessee Code 7-51-1401
• State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• State agency: means a board, commission, committee, department, office, or another entity of this state. See Tennessee Code 4-56-101
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• utility: means :
  (1) An entity subject to the jurisdiction of the Tennessee board of utility regulation in accordance with §. See Tennessee Code 7-51-2301
• Vendor: means a legal entity that has been established by the department of finance and administration's division of accounts as a vendor through proper authority for which payment may be made by the state. See Tennessee Code 4-56-101
• Venue: The geographical location in which a case is tried.
• Wholesaler: means a party engaging in the bulk purchase and sale of energy products or industrial materials in the wholesale market for the purposes of reselling energy or industrial materials to a retailer. See Tennessee Code 7-51-2201
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105