2010 Tennessee Code
Title 2 - Elections
Chapter 17 - Contested Elections
2-17-117 - Circumstances justifying recount Determining procedure for recount.

2-17-117. Circumstances justifying recount Determining procedure for recount.

(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:

     (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)  Any recount ordered by this section shall be a complete recount of all ballots cast 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.

[Acts 2001, ch. 465, § 7.]  

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