§ 2-10-108 — Sworn complaint on statements of candidates or local political campaign committee - Penalty for false complaint

(a) A registered voter of Tennessee may file a sworn complaint alleging that a statement filed regarding an election for which that voter was qualified to vote does not conform to law or to the truth or that a person has failed to file a statement required by law. (b) (1) All sworn complaints on a report of a candidate for state public office, a political campaign committee contributing to a candidate for state public office, or a political campaign committee registered with the registry of election finance must be filed in the office of the registry of election finance. The registry shall conduct a preliminary review to determine if the complaint is factually and legally sufficient. If the complaint is not factually and legally sufficient, then the registry shall dismiss the complaint and notify the complainant. If the registry determines the complaint is factually and legally sufficient, then the registry may refer the complaint to the office of the attorney general and reporter, who shall conduct a preliminary investigation and report the findings of the investigation in writing to the registry. Alternatively, if the registry determines that the complaint is factually and legally sufficient and that the circumstances are appropriate, then the registry may order the registry's staff to conduct an investigative audit of the alleged violator's campaign finance disclosure reports. In such instances, the alleged violator is obligated to produce all documentation required to be maintained by § 2-10-105(f) and to comply in good faith and with total candor with all requests for documentation or clarification properly requested by the registry's auditor or counsel. (2) Once either the attorney general's investigation or the audit is complete, the registry shall set the complaint for a show cause hearing to determine if the registry should take action regarding the complaint, including, but not limited to, assessing civil penalties pursuant to § 2-10-110 . Both the alleged violator and the complainant are entitled, upon request, to present evidence before the registry at or prior to the show cause hearing. The registry must have notice that evidence will be presented to the registry personally served upon, sent by return receipt requested mail, or sent by electronic mail to the alleged violator and the complainant. (3) The registry may determine the appropriate procedure for the presentation of evidence. After the conclusion of the show cause hearing, the registry shall reduce its decision to writing and provide a written statement of the registry's decision to all parties. (c) All sworn complaints on a statement of: (1) A candidate for local public office must be filed in the office of the district attorney general who represents the judicial district in which the voter resides; or (2) A local political campaign committee must be filed in the office of the registry of election finance. (d) Any person who knowingly and willfully files a sworn complaint which is false or for the purpose of harassment is subject to the civil penalties enacted into law by chapter 585 of the Public Acts of 1989, and is liable for reasonable attorneys' fees incurred by the candidate who was the subject of such complaint.

Legislative History

Amended by 2023 Tenn. Acts, ch. 59, s 2, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 108, s 4, eff. 4/4/2023. Amended by 2022 Tenn. Acts, ch. 901, s 1, eff. 4/19/2022. Acts 1980, ch. 861, § 9; 1989, ch. 585, § 16; 1989, ch. 591, § 113; 1990, ch. 943, § 2.