2-17-112 - Judgment.

2-17-112. Judgment.

(a)  After hearing the case, the court shall give judgment either:

     (1)  Confirming the election;

     (2)  Declaring the election void;

     (3)  Declaring a tie between persons who have the same number of votes if it appears that two (2) or more persons who have the same number of votes have, or would have had if the ballots intended for them and illegally rejected had been received, the highest number of votes for the office; or

     (4)  Declaring a person duly elected if it appears that such person received or would have received the highest number of votes had the ballots intended for such person and illegally rejected been received.

(b)  A judgment under subdivision (a)(4) deprives the person whose election is contested of all right or claim to the office and invests the person declared by the judgment duly elected with the right to the office.

[Acts 1972, ch. 740, § 1; T.C.A., § 2-1712.]