2010 Tennessee Code
Title 2 - Elections
Chapter 12 - County Election Commissions
Part 2 - Registrars
2-12-201 - Employment of election administrators and clerical assistants.

2-12-201. Employment of election administrators and clerical assistants.

(a)  Except as provided in subsection (b), the commission shall appoint an administrator of elections who shall be the chief administrative officer of the commission and who shall be responsible for the daily operations of the office and the execution of all elections. These duties include, but are not limited to, the following:

     (1)  Employment of all office personnel; registrars at large may not employ, except in the event of an emergency, members of the county election commission, or spouses, parents, siblings or children of commission members as clerical assistants, absentee voting deputies, poll officials or as members of the absentee counting board, however, upon adoption of a resolution by a two-thirds (2/3) vote of the county legislative body of any county having a population of not less than fifteen thousand nine hundred (15,900) nor more than sixteen thousand two hundred (16,200) according to the 1990 federal census or any subsequent federal census, such relatives may be employed to work on election day and during the early voting period in such county if the county election commission unanimously approves their employment, and members of the county election commission may be employed to work during the early voting period in such county to supervise the activities of those persons employed to work during such period; nor may they hire after July 1, 1999, their spouse, parents, siblings or children as full-time or part-time clerical assistants, deputies, or as members of the absentee counting board;

     (2)  Preparation of the annual operating budget and submission of same to the election commission for approval;

     (3)  Upon approval by the county election commission, presentation of the annual budget to the county commission or other legislative body for funding;

     (4)  Requisition and purchase of any supplies necessary for the operation of the election commission office and the conduct of all elections;

     (5)  Maintenance of voter registration files, campaign disclosure records, and any other records required by this title;

     (6)  Conducting of instruction class for poll workers or designation of another qualified person to conduct such class;

     (7)  Preparation of all notices for publication required by this title;

     (8)  Preparation and maintenance of all fiscal records necessary for the daily operation of the election commission office and all elections. This may include any requests for funding or changes in funding, if necessary, after adoption of the current fiscal budget;

     (9)  Compilation, maintenance and dissemination of information to the public, the candidates, the voters, the press and all inquiring parties in regard to all aspects of the electoral process on all governmental levels;

     (10)  Promotion of the electoral process through supplemental registrations, public functions, press releases and media advertising whenever possible;

     (11)  Attendance at any required seminar and other educational seminars, as funding permits, to gain knowledge beneficial to the administration of the election commission office or to the electoral process;

     (12)  Having knowledge of all current laws pertaining to the election process and any changes mandated by the general assembly, and apprising the election commission, office staff, candidates, the press and the public in general of this information;

     (13)  Assistance in the planning and implementation of any plan of apportionment or reapportionment of any governmental entity involved in the electoral process; and

     (14)  The county election commissioners may not employ themselves or any of their spouses, parents, siblings, in-laws or children as administrator.

(b)  In any county having a population of not less than eight hundred twenty-five thousand (825,000) nor more than eight hundred thirty thousand (830,000) according to the 1990 federal census or any subsequent federal census:

     (1)  The county election commission shall employ an administrator and such clerical assistants and may incur such expenses as may be necessary to perform the duties required by this title;

     (2)  County election commissioners may not employ themselves or the spouse, parent, brother, sister, or children of any of them as administrators or clerical assistants under this section;

     (3)  The commission may appoint regular clerical assistants as deputy; and

     (4)  The commission may use volunteers only as clerical assistants but may not appoint them as deputy.

[Acts 1972, ch. 740, § 1; T.C.A., § 2-1209; Acts 1993, ch. 518, §§ 3, 21; 1999, ch. 197, § 12; 1999, ch. 232, § 1.]  

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