If you disagree with the judge’s decision in your case, you may file a Petition for Reconsideration (PFR) or an appeal. Usually, a PFR is decided by the judge who initially heard your case. If you appeal an Initial Order, the case will go back to the agency where the case started for a decision and that agency will issue a Final Order. A Final Order (whether issued by the ALJ or the agency) may be appealed through the courts, usually starting with Chancery Court. All Initial and Final Orders will have specific information about how to file a PFR or an appeal. Different cases have different rules about when and where you can file a PFR or an appeal so you MUST check the Notice of Appeal Procedures attached to your order.
What if I do not receive or ruin my ballot and can no longer use it?
You may request an absentee by-mail ballot no earlier than ninety (90) days before the election and no later than seven (7) days before the election. To be processed for the next election, the application must be received by the election commission no later than seven (7) days before the election.
How can I contact the Judge to discuss my case?
If you wish to contact the ALJ assigned to your case, you may email the ALJ. However, you must also include the other parties in the case on your email. Failure to include the other parties in your email is inappropriate ex parte communications. If you do not have contact information for the ALJ assigned to your case, please contact APD.
What is the deadline to return my ballot so it can be counted?
You must mail your ballot in time for your county election commission to receive it no later than the close of polls on Election Day.
How do I change my business address?
You can file form SS-4800 to change the mailing address by mail or in person. A change in Registered Agent or principal address requires filing Articles of Amendment and paying the statutory $20 filing fee. Forms can be found on our the Forms & Fees page for mail and in person filings.
Can I hand deliver my ballot to the election office?
No. You must return your ballot by mail (USPS, FedEx, UPS, etc.).
How soon should I expect a decision in my case?
Generally, hearing decisions are rendered within 90 days from the date the record closes, however, there are many exceptions based on the type of case and whether a rule or statute specifically addresses decision timelines. More specific information about when a decision will be made in your case may be discussed with the ALJ during your hearing.
Is additional information required to vote absentee by-mail if I am a first-time voter who registered to vote by-mail?
Unless you are on the permanent absentee voting register, enrolled in the Safe at Home program, or you have previously voted in the county of registration, you must appear in-person to vote in the first election after you have registered by-mail or online at GoVoteTN.gov.
What happens if I file a Title III (HAVA) complaint?
Complaints must be filed on a Title III HAVA complaint form. Complaint forms may be found at your local county election office, the State Coordinator of Elections office or online.
All complaints must be in writing, notarized, signed, and sworn to by the complainant. The complaint may be filed with either the Coordinator of Elections or the local county election office.
Once a formal complaint is filed, the Coordinator of Elections or designee will decide the resolution of the complaint.
A complainant may request a hearing on the record.
The Coordinator of Elections or designee will gather information which may include written responses from the parties. Once all the information is gathered, the Coordinator of Elections or designee will determine whether or not there is a violation of Title III.
If it is determined that a violation of Title III has occurred, the State shall provide an appropriate remedy in accordance with Title III.
If it is determined that no violation of Title III has occurred, the State shall publish the dismissed complaints of the procedures.
A final determination must be made within 90 days of the complaint being filed. Only the complainant may agree to extend this period of time.
If a final determination is not made within 90 days and no extension is granted, the complaint shall be resolved within 60 days through alternative dispute resolution. All previous proceedings, including the record and any correspondence, shall be forwarded to an administrative law judge for alternative dispute resolution.
Where are APD cases heard?
APD conducts hearings and mediations in all 95 counties across Tennessee. These hearings or mediations may be held in-person, by telephone conference call, or by video conferencing, depending upon the case type and the needs of the parties.
Where is my hearing?
Information regarding the location for your hearing should be contained in your Notice of Hearing, Notice of Hearing and Charges, or Scheduling Order. If you cannot find that information, you can call APD to ask.
I already missed my hearing. Now what happens? Can I get another hearing?
If you missed your hearing, you can contact the opposing party or APD to ask about the status of your case. As a result of your absence, the ALJ may have already ruled that you are in default and dismissed the case. Or, the ALJ may have continued the hearing to another date. Either way, you should receive a written order explaining the ALJ’s ruling. If your case has been dismissed and you want to challenge that ruling, you can file a Petition for Reconsideration, explaining why you missed the hearing.
Does my complaint qualify as a Title III HAVA complaint?
Title IV of the Help America Vote Act requires each state to establish a state-based administrative complaint procedure. This procedure allows individuals to file a complaint if any person believes that a violation under Title III of the Help America Vote Act has occurred, is occurring or is about to occur.
A violation of Title III would include issues dealing with the following HAVA sections:
voting system standards
provisional voting
voter information requirements
statewide voter registration database and
accessibility for persons with disabilities
If your complaint does not fall within one of the above categories, you may still file a complaint with your local county election office, the State Coordinator of Elections office or online using a general complaint form.
Do you offer hearings in other languages besides English? How can I participate in my case if I don’t speak English as my primary language?
APD does not offer hearings or mediations in other languages besides English nor does APD directly employ translators or interpreters. However, typically, the government agency involved in your case will provide an interpreter for a pre-hearing conference, mediation, or hearing if an interpreter is needed and requested. If you are having a hard time fully understanding all that is being discussed in your case, you should request that an interpreter be provided.
To request interpretation services, please notify the judge assigned to your case. If you do not yet have a judge assigned to your case, you can notify APD that you need translation services by emailing apd.filings@tnsos.gov or by calling 615-741-7008. Please note, if you call by telephone, APD does not have the ability to answer the call in other languages besides English.
Do I qualify for the permanent absentee list?
You will receive an application for ballot for each election if your licensed physician signs a statement stating that, in their judgment, you are medically unable to vote in person. The statement must be filed not less than seven (7) days before the election and signed under the penalty of perjury.
Where do I send the Title III (HAVA) complaint form?