§ 2-12-109 — Expenses

(a) (1) Except as otherwise provided by law, it is the responsibility of the county to fund the operations of its election commission. If a county fails to appropriate funds sufficient to pay expenses that are reasonably necessary for the discharge of the statutorily mandated duties of its county election commission, such commission may petition the chancery court of the county in which such election commission is located to compel the appropriation of such funds. (2) If the county carries an insurance policy for the county election commission, its employees, or its election officials, the election commission shall comply with the terms of the insurance policy with respect to expenses covered by the policy. (b) All expenses, including compensation of its employees and election officials, incurred by the county election commission or its members in the performance of duties under this title in holding municipal elections shall be paid out of the funds of the municipality upon the certification of the chair and secretary of the county election commission except as otherwise expressly provided. If a municipal election is held on the same day as a county-wide election, the municipality shall pay only the expenses caused by the municipal election which would not otherwise have been incurred in conducting the county-wide election as certified by the chair and secretary of the county election commission. If, after a legal proceeding involving a municipal election, the court finds that a subsequent election must be held due to an error committed by the county election commission, then the county shall pay the expenses of the subsequent election, unless the court finds that the county election commission's error resulted from the county election commission's reliance on information provided by the municipality. (c) If a special election is held for the sole purpose of choosing a member of the general assembly under § 2-14-202(b) , all expenses, including compensation of its employees and election officials, incurred by a county election commission or its members in the performance of duties under this title shall be paid out of the state treasury upon the certification of the chair and secretary of the county election commission to the secretary of state; provided, that the secretary of state shall review the claim for expenses and only those items certified by the secretary of state to the comptroller of the treasury shall be paid. (d) All expenses, including compensation of its employees and election officials, incurred by a county election commission or its members in the performance of its duties under this title in connection with the presidential preference primary shall be paid out of the state treasury upon the certification of the chair and secretary of the county election commission to the secretary of state; provided, that the secretary of state shall review the claim and only those items certified by the secretary of state to the comptroller of the treasury shall be paid. In years in which a presidential preference primary will be held, if a political party elects to hold their county primary with the presidential preference primary, then all expenses of the county primary shall likewise be borne by the state upon certification as set forth in this subsection (d).

Legislative History

Amended by 2019 Tenn. Acts, ch. 44,s 2, eff. 3/28/2019. Acts 1972, ch. 740, § 1; 1977, ch. 474, §§ 1, 2; 1978, ch. 754, § 10; T.C.A., § 2-1219; Acts 1983, ch. 345, § 1; 1986, ch. 562, § 21; 1986, ch. 930, § 6; 1996, ch. 603, § 1; 2003, ch. 374, § 18; 2011, ch. 182, § 4.