§ 2-11-202 — Duties of coordinator - Examination and certification of administrators of elections

(a) The coordinator of elections shall: (1) Generally supervise all elections; (2) Prepare instructions for the conduct of registration; (3) Advise election commissions, primary boards, and administrators of elections as to the proper methods of performing their duties; (4) Authoritatively interpret the election laws for all persons administering them; (5) (A) (i) Investigate or have investigated by local authorities the administration of the election laws and report violations to the district attorney general or grand jury for prosecution; and (ii) Review the county election commissions in the administration of election laws to include, but not limited to, procedures for voter registration, list maintenance, financial records, election expenses, petitions, poll officials, absentee voting, ballot boxes, voting systems, minutes, certification of election results, and election results tabulation process; (B) In conducting an investigation or a review relative to the administration of the election laws pursuant to subdivision (a)(5)(A)(i) or (a)(5)(A)(ii) the coordinator of elections or the coordinator's authorized representative may issue subpoenas and summon witnesses, administer oaths to such witnesses, take the depositions of witnesses, compel the production of documents, exhibits, records or things, and require testimony on any issue related to the investigation or review. If a subpoena is issued, such subpoena will be issued to a person for the purpose of testifying before the state election commission in an open meeting; (C) (i) Any report of an investigation conducted by the coordinator's office pursuant to the request of the attorney general and reporter and/or a district attorney general and filed with the attorney general and reporter and/or a district attorney general or a grand jury shall be privileged and confidential and shall not be deemed to be a public record; (ii) The report of an investigation into the seating of a member of the general assembly shall be deemed to be a public record; (iii) If a report of an investigation conducted by the coordinator's office pursuant to the request of the attorney general and reporter and/or a district attorney general appears in the news media, in whole or in part, such report shall be deemed a public record and immediately released. All conclusions of law contained in such report shall be approved by the attorney general and reporter before the report is released; (6) If a county election commission does not purge the permanent registration records as required by law, the coordinator of elections shall investigate the registration records of that county and file a petition with the circuit or chancery court in the county to purge the permanent registration records of those persons the coordinator of elections determines should have been purged by the county election commission; (7) Publish in accordance with the rules, regulations, policies and procedures of the state publications committee, and keep up to date an election laws manual, including this title, rules and regulations under this title, and such other material as the coordinator of elections may determine to be useful to persons administering the election laws, and prepare condensed materials for the use of election officials; (8) Furnish instructions for election officials as to their duties in the conduct of elections and copies of election laws manual and updating materials to the election commissions, primary boards, and administrators. Any interested citizen may purchase a copy of the election laws through the coordinator of elections office at a price to be established by the coordinator. The price charged may not exceed the actual cost involved; (9) Provide materials for and conduct training programs for persons administering the election laws; (10) Review all bills affecting the election laws and report in writing to the general assembly on them individually; (11) Report to each general assembly with any recommendations the coordinator of elections may have for improvements in the election laws or their application; (12) Ensure that all election commissions within the state shall prohibit any person from becoming qualified to have such person's name placed on any ballot wherein such person is seeking to be nominated or elected to an office for which such person is ineligible or to more than one (1) state legislative office, as described in § 2-13-202 , voted on by voters during any primary or general election; (13) Prepare an instruction sheet for notaries public setting forth the proper and legal procedure for attesting absentee ballots and registration by mail forms. Such instructions shall be sent, in sufficient quantities, to every county clerk in this state, who shall make such instruction sheet available to notaries public in such county upon their request and to notaries public elected after July 1, 1979; (14) Properly file and keep up to date the information supplied by the county election commissions as established in § 2-12-114 ; and, further, to supply that information, within a reasonable time, to any member of the general assembly upon request; (15) Develop a uniform petition form for use by persons seeking to qualify to run for public office and furnish such form to county election commissions for distribution to such persons; (16) Devise and furnish to the clerks of the circuit and criminal courts a form to be used for notifying county election commissions of the fact that a registered voter in their county has been convicted of an infamous crime and therefore should be purged from the registration records. Such form shall include the voter's name, race, date of birth, and social security number, if available; (17) Instruct the administrators in each county that they are to purge the registration of any person appearing on the infamous crime list required by subdivision (a)(16) who is registered to vote in their county; (18) (A) Not less than one (1) time per calendar year, conduct a training seminar for administrators, deputies and county election commissioners. Attendance at such seminars shall be mandatory for administrators and the expenses incurred in such attendance shall, upon appropriate documentation, be included in the county election commission's annual budget submitted pursuant to § 2-12-109 [See Compiler's Notes] subject to the reimbursement limits for state employees. If for any reason the administrator cannot attend, the chair or the chair's designee shall attend instead; (B) Unless, in the opinion of the state election commission, an administrator certified under this section has good cause for failing to attend and participate in the training seminars required by this subsection (a), such failure to attend and participate in the seminars shall result in the loss of such administrator's certification. Within thirty (30) days of receiving the training seminar attendance records from the coordinator of elections pursuant to subdivision (a)(19), such commission shall cause to be notified the state official responsible for authorizing payments to counties pursuant to § 2-12-209 [See Compiler's Note], of the counties in which the administrator has lost such certification for failing to attend and participate in such seminars; (C) In addition to the penalties set forth in subdivision (a)(18)(B), if, in the opinion of the state election commission, an administrator fails to substantially perform the duties of the office, the state election commission may revoke the certification of such administrator or otherwise discipline the administrator. In all such cases, the administrator being charged shall be given a hearing before the state election commission. If, after the hearing, the state election commission votes to revoke the certification, such commission shall cause to be notified the state official responsible for authorizing payments to counties pursuant to § 2-12-209 [See Compiler's Note], of such revocation and payments to that county shall terminate; and (19) Keep accurate records of those administrators who do and do not attend the training seminars required by subdivision (a)(18) and, within ten (10) days of the conclusion of each such seminar, transmit such records to the state election commission. (b) The coordinator of elections and the state election commission shall, at least once per calendar year, prepare and administer a written examination on election laws to any administrator who desires to take the examination. The coordinator of elections and the state election commission shall determine whether or not an administrator passes or fails such examination. All examinations administered pursuant to this subsection (b) shall be prepared, conducted and graded in a fair and impartial manner. An administrator who successfully passes such examination shall receive certification from the state election commission.

Legislative History

Acts 1972, ch. 740, § 1; 1976, ch. 511, §§ 1, 2; 1978, ch. 940, § 2; 1979, ch. 316, § 5; 1979, ch. 317, § 2; T.C.A., § 2-1112; Acts 1981, ch. 256, § 1; 1981, ch. 345, § 6; 1981, ch. 478, §§ 1, 19; 1982, ch. 631, § 2; 1984, ch. 636, § 3; 1984, ch. 703, §§ 1-3; 1985, ch. 132, § 2; 1986, ch. 930, §§ 3, 4, 7; 1990, ch. 1024, § 5; 1993, ch. 208, § 1; 2000, ch. 756, § 18; 2011 , ch. 311, § 1.