Current through Acts 2023-2024, ch. 1069
Section 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:(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.Amended by 2023 Tenn. Acts, ch. 204, s 2, eff. 4/24/2023.